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(영문) 서울남부지방법원 2013.03.14 2013노49
업무방해
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal by the defendant is as follows: First, the defendant was not in a lack of judgment ability compared to the general public in Grade 3 intellectual disability; second, the punishment of the court below (Cumulatively sentenced to 7 months) is too unreasonable.

First of all, according to the records, the defendant is a disabled person of Grade III with intellectual disability and has alcohol dependence; it is recognized that the defendant was drunk at the time of each crime of this case, but there was no ability or decision-making ability to discern things at the time of each crime of this case.

Since it is not recognized that the defendant was in a state or weak condition, the defendant's assertion of mental disorder is without merit.

Next, there are circumstances in which the victims and their family members agreed on the assertion of unfair sentencing. However, even though the defendant was sentenced to imprisonment on September 13, 2012 with prison labor for the same kind of crime and for two years of suspension of execution, the defendant continued to commit each of the instant crimes from the date immediately after the above judgment was rendered, considering various sentencing conditions as indicated in the argument of the instant case, including the criminal records of the defendant, the criminal records of the defendant, the method and circumstances of the instant crime, and the frequency of the crimes, the punishment of the lower court is unlimited and unreasonable. Thus, the defendant'

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

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