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(영문) 서울북부지방법원 2018.10.26 2018노1459
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was suffering from alcohol dependence at the time of the instant crime, and was in a state of weak ability to discern things or make decisions under the influence of alcohol.

B. The lower court’s sentence against an unfair defendant in sentencing (eight months of imprisonment) is too unreasonable.

2. Judgment on the grounds for appeal by the defendant

A. According to the record as to the assertion of mental and physical weakness, the Defendant was diagnosed by alcohol dependence, etc. before committing the instant crime, and hospitalized in the hospital. At the time of committing the instant crime, the Defendant was found to have drinking at the time of committing the instant crime.

However, in light of the background leading up to the instant crime, the means and method of the instant crime, and the circumstances after the instant crime, etc., the Defendant had the ability to discern things or make decisions due to the cause of alcohol dependence at the time of the instant crime.

It does not seem that it does not appear.

The above assertion by the defendant is without merit.

B. As to the unfair argument of sentencing, the Defendant recognized the crime as a substitute until the trial room, and the victims expressed their intention not to punish the Defendant during the investigation process.

On the other hand, even before committing the instant crime, the Defendant had been sentenced to a fine and imprisonment several times for a crime similar to the instant case, and the instant crime was committed during the suspension period of execution of the property damage crime.

In addition, comprehensively taking into account the following circumstances, such as the Defendant’s age, sex, environment, criminal record, motive and background of the offense, means and method of the offense, and the circumstances after the offense, etc., and the sentencing conditions indicated in the record: (a) the above sentence imposed by the lower court is too heavy;

shall not be deemed to exist.

The defendant's above assertion also is without merit.

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

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