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(영문) 수원지방법원 2016.08.18 2016노2996
업무방해등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant was in a state of mental and physical loss or mental weakness under the influence of alcohol at the time of committing the instant crime.

2) The punishment sentenced by the lower court (six months of imprisonment) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the lower court regarding the Defendant’s mental and physical disability argument, it is recognized that the Defendant was under the influence of alcohol at the time of the instant crime, but in light of the background and method of the instant crime, and the circumstances before and after the instant crime, etc., the Defendant was under the influence of alcohol and had no ability to identify things or make decisions, or

Therefore, this part of the defendant's assertion is without merit.

B. We examine both the Defendant and the Prosecutor’s unfair determination of sentencing as to the Defendant and the Prosecutor’s unfair determination of sentencing.

The fact that there is no record of criminal punishment by imprisonment with prison labor until the defendant is still sentenced to punishment, and that the defendant seems to be against the crime of this case, etc. are favorable to the defendant.

On the other hand, there are many kinds of records of criminal punishment and those of punishment for the same kind of crime, and the crime of this case is unfavorable to the defendant, such as that the defendant interfered with the business of the above main office for one hour from the main point of the operation of the victim C, and that the defendant was dispatched to the police officer E who controlled the defendant after receiving a report from the above victim, and walked the above police officer E, and the face of the above police officer is taken, and the defendant was forced to escape from the face of the above police officer. In light of the circumstances and degree of the crime, the defendant's liability is heavy, and there is no circumstance that the defendant made efforts to recover the damage of the victim C due to the crime of interference with the business of this case.

In addition to these circumstances, the defendant's age, sex, and age.

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