(영문) 부산지방법원 2014.10.16 2014노2901 | 리걸엔진

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자간(%)

(영문) 부산지방법원 2014.10.16 2014노2901

업무방해등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the defendant's grounds for appeal was under the influence of alcohol at the time of each of the crimes in this case, and the court below's imprisonment is too unreasonable.

2. Determination

A. In full view of all the circumstances, including the means and methods of each of the instant crimes, the Defendant’s act before and after the commission of the crime, and the circumstances after the commission of each of the instant crimes, the fact that the Defendant was under the influence of alcohol at the time of the commission of each of the instant crimes is deemed to have not been in the weak ability to discern things or make decisions at the time of each of the instant crimes.

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

B. It is recognized that the Defendant made a confession of each of the instant crimes and appears to repent of his mistake, and agreed with some victims, etc.

However, the lower court appears to have determined a sentence by fully taking into account the circumstances favorable to the Defendant, and there is no change of circumstances that would be different from the lower court’s sentence, up to the trial of the lower court, there is no agreement with the victim G until the trial of the lower court, and the Defendant has been punished for violent crimes several times, and the Defendant again committed each of the instant crimes during the period of repeated crime, which is only two months after having been sentenced to imprisonment on January 16, 2014 due to a violation of the Punishment of Violences, etc. Act, and in particular, during the period of repeated crime, which is only two months after the execution of the sentence was completed on January 16, 201, and in full view of the various factors, such as the Defendant’s age, character and conduct, motive for the instant crime, and circumstances after the instant crime

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

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.

참조조문

-폭력행위 등 처벌에 관한 법률

-형사소송법 제364조 제4항

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