(영문) 수원지방법원 2016.06.01 2016노1753 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2016.06.01 2016노1753

업무방해

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant with mental and physical disorder was in a state of mental and physical weakness due to alcohol dependence and alcohol addiction at the time of each of the instant crimes.

2) The sentence of the lower court’s unfair sentencing (eight months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too unhued and unreasonable.

2. Determination 1) According to the records on the Defendant’s mental and physical argument, the fact that the Defendant had received medical treatment with alcohol dependence prior to the instant crime is acknowledged, but in light of the background leading up to each of the instant crimes, the method and circumstances at the time of the instant crimes, etc., it is not deemed that the Defendant did not have the ability to discern things or make decisions due to the above symptoms at the time of each of the instant crimes.

Therefore, the defendant's mental and physical weak argument is without merit.

2) Although the Defendant had several criminal records of the same kind, the Defendant again committed each of the instant crimes, and most of the instant crimes were committed during the suspension of the execution of imprisonment for the same kind of criminal records.

In addition, since each of the crimes of this case was committed against several victims for a long time, the nature of the crime is not good.

Meanwhile, the lower court agreed with the victims except the victim H, and agreed with the victim H in the trial.

The defendant seems to seriously reflect on the crime.

In addition, comprehensively taking into account the Defendant’s age, sex, environment, family relationship, motive and circumstance of the crime, and circumstances that constitute the conditions for sentencing, the sentence of the lower court is too heavy or unbrupt and is unreasonable.

Therefore, there is no reason to believe that each of the sentencing of the defendant and the prosecutor is unfair.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit. Thus, all appeals filed by the defendant and the prosecutor are in accordance with Article 364(4) of the Criminal Procedure Act.

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