logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2016.12.14 2016노2854
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental disorder under the influence of alcohol at the time of committing the instant crime.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment) is too unreasonable.

2. Determination

A. According to the record as to the assertion of mental disorder, although the defendant was deemed to have a drinking condition at the time of the crime of this case, in light of the course and process of the crime of this case, means and methods, the defendant's behavior before and after the crime of this case, and the attitude of statement, etc., the defendant did not have the ability to discern things or make decisions due to the foregoing mental disorder under the influence of alcohol at the

It does not seem that there was or was a weak state.

B. As to the assertion of unfair sentencing, it is recognized that there are favorable circumstances such as the defendant's refusal to commit the instant crime and the victim's expression of intent not to have the criminal defendant punished.

However, according to the circumstances such as the crime of this case committed by the victim's convenience points and committed a threat to the customers as well as the victim, and the victim cannot be deemed to have suffered damage from the crime of this case, but the defendant did not take any particular measures to recover damage, and the defendant did not reflect the fact that he committed the crime of this case even though he had been punished several times due to the crime of violence or the same crime, and committed the crime of this case, it is reasonable to place the defendant with severe punishment.

In full view of the above circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, there is no special change of circumstances that make the original judgment and the punishment different from the circumstances after the crime, the lower court’s punishment is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so ordered.

arrow