(영문) 서울남부지방법원 2018.10.25 2018노1380

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울남부지방법원 2018.10.25 2018노1380

업무방해등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant had a mental and physical weak condition under the influence of alcohol at the time of committing the instant crime.

B. In light of the fact that the criminal defendant committed the instant crime, committed against himself, and agreed with the victim, the sentence sentenced by the court below (eight months of imprisonment) is too unreasonable.

2. Determination

A. In light of the background and method of the instant crime, the method and method of the crime, and the circumstances after the crime, etc. acknowledged by the evidence duly adopted and examined by the lower court, it is not deemed that the Defendant lacks the ability to discern things or make decisions at the time of preventing the instant crime.

Therefore, the defendant's argument about mental and physical weakness is rejected.

B. Even when considering the circumstances alleged by the Defendant in the judgment on the unfair argument of sentencing, the Defendant again committed the same kind of crime in the period of 3 months after having been sentenced to 8 months of imprisonment with labor due to interference with business, etc., and the execution of the sentence was terminated, and the Defendant again committed the same crime; ② the Defendant has criminal records related to interference with business operations or violence exceeding 20 times, and the possibility of recidivism seems to be high; ③ the Defendant was submitted a written agreement to the effect that “the victimized person agrees not to hold the Defendant liable for civil or criminal liability; but it appears that the actual recovery of damage was not achieved through monetary payment, etc.; and the Defendant’s age, sexual behavior, environment, relationship with the victim, motive and consequence of the crime, and circumstances after the crime, etc. do not seem to have exceeded the reasonable discretion, and thus, the Defendant’s improper assertion of sentencing is not acceptable.

3. In conclusion, the defendant's appeal is without merit, and the Criminal Procedure Act is applicable.

유사 판례

-의정부지방법원 2018.03.19 2017노3524

-인천지방법원 2017.11.17 2017노2713

-광주지방법원 2018.01.25 2017노4301

-인천지방법원 2017.07.14 2017노1735

-서울남부지방법원 2016.07.08 2016노648