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(영문) 창원지방법원 2013.04.18 2013노182
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was under the influence of alcohol at the time of committing the instant crime, and was in a state of mental disorder or mental disability.

B. The lower court’s sentence of unreasonable sentencing (one million won of fine) is too unreasonable.

2. Determination

A. According to the record of the judgment on the assertion of mental and physical disorder, even though the defendant was deemed to have a drinking condition at the time of the crime of this case, in light of the defendant's ordinary drinking volume, the background leading up to the crime, the means and method of the crime, and the circumstances after the crime, etc., the defendant did not have the ability to discern things or make decisions due to drinking at the time of the crime

Since it seems that the defendant's mental and physical disability cannot be seen as being or weak, the defendant's argument is without merit.

B. Although the defendant's decision on the assertion of unfair sentencing is recognized to have been at the time of the crime of this case, the defendant committed the same crime again despite the fact that he/she had been sentenced several times of punishment for the same kind of crime, there are a number of other criminal records, and in full view of the defendant's age, character and conduct, environment, motive, means and consequence of the crime of this case, and all the sentencing conditions specified in the records and arguments of this case, such as the circumstances after the crime, the sentence imposed by the court below is deemed to be appropriate, and it is not recognized that it is too unreasonable. Thus, the defendant's assertion

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

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