logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2018.09.21 2018노987
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of committing the instant crime, was in a state of mental and physical weakness with a large number of drinking alcohol without taking the instant drug booming.

B. The sentence of the lower court that is unfair in sentencing (eight months of imprisonment) is too unreasonable.

2. In light of the Defendant’s content of the crime, the background leading up to the crime, the means and method of the crime, and the circumstances after the crime, etc. acknowledged by the record as to the assertion of mental and physical weakness, the Defendant had no or weak ability to discern things or make decisions at the time of the instant case.

Therefore, the defendant's assertion is without merit.

3. Although a victim of an unfair argument of sentencing expressed his intention not to punish a defendant at the court below, there were several occasions of punishment, such as the defendant's punishment for the same crime, and the defendant again committed a crime without being aware of it during the period of repeated crime; there are no special circumstances or circumstances newly considered in sentencing after the decision of the court below; and in full view of all the sentencing circumstances including the defendant's age, sex, sex, family relation, motive, means and consequence of the crime, and circumstances after the decision of the court below, the defendant's argument is not acceptable, since the sentence imposed by the court below is not unreasonable.

4. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

arrow