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(영문) 서울남부지방법원 2013.06.14 2013노593
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal by the defendant is as follows: first, the defendant was in a mental and physical state under the influence of alcohol at the time of the crime of this case; second, the court below's punishment against the defendant is too unreasonable.

2. In full view of all the circumstances, such as the motive, background, means and method of the instant crime indicated in the record, the Defendant’s act before and after the instant crime, and the circumstances after the instant crime, prior to the determination, the Defendant did not have the ability to discern things or make decisions under the influence of alcohol at the time of the instant crime.

Therefore, this part of the argument is without merit.

Next, considering the argument on unfair sentencing, the court below seems to have determined the punishment by reducing the fine amount (the fine of 500,000 won) of the summary order against the defendant in consideration of all the circumstances already, considering the fact that the defendant had the record of criminal punishment several times, and other various sentencing conditions specified in the records and arguments of this case, including the defendant's age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, the court below's punishment is too unreasonable. Thus, this part of the argument is without merit.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act.

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