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(영문) 서울남부지방법원 2018.04.12 2017노2712
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant had mental and physical loss or mental weak condition under the influence of alcohol at the time of committing the instant crime.

B. The punishment sentenced by the lower court (one year of imprisonment) is too unreasonable.

2. Determination

A. According to the record on the part of the claim for mental disorder, the Defendant appears to have served alcohol at the time of committing the instant crime.

However, in light of the circumstances leading to the crime, the means and methods of the crime, the circumstances before and after the crime, etc., the defendant had no or weak ability to discern things or make decisions at the time of the crime.

shall not be deemed to exist.

The defendant's mental disorder is not accepted.

B. Illegal assertion of sentencing is relatively minor due to damage to the property of this case.

However, the crime of this case is a matter that interferes with another person's business during a relatively long period of time because the defendant was under the influence of alcohol and was able to take a bath to employees and assault the above person.

Many of the defendants have criminal records of violence.

The defendant committed the crime of this case during the period of repeated crime due to the same crime.

The defendant did not agree with the victim up to the trial of the party.

The judgment below

There is no new circumstance to consider in sentencing after sentencing.

In addition, comprehensively taking account of all the circumstances that form the conditions for sentencing, such as the background, means, results, and circumstances after the crime of this case, the lower court’s sentence is too unreasonable.

3. In conclusion, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

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