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(영문) 서울북부지방법원 2014.06.27 2014노475
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Of the facts charged in the instant case, the Defendant was in a state of mental disability under the influence of alcohol at the time of the crime of injury on November 10, 2013 and the crime of obstruction of business and injury on November 23, 2013.

B. The sentence imposed by the lower court (two years of imprisonment) is too unreasonable.

2. Determination

A. In light of various circumstances indicated in the record, such as the crime of injury on November 10, 2013 among the facts charged in the instant case, the process and process of the crime of interference with and injury to business on November 23, 2013, and the Defendant’s behavior before and after the crime, even if the Defendant had drinking at the time of each of the above crimes, it does not seem that the Defendant had weak ability to discern things or make decisions, and therefore, this part of the Defendant’s assertion is without merit.

B. The defendant confessions the crime of this case or his act itself is against the defendant's consent. Among the victims of this case, the victims of this case did not want the punishment of the defendant. However, the crime of this case is ① the defendant returned to the market where people's passage is frequent while carrying excessive materials, without any justifiable reason. ② The defendant takes a large amount of desire about five occasions at the restaurant, public notice board, etc., ② the defendant interfered with the business by avoiding disturbance, such as bringing a disturbance to customers, and ③ the defendant inflicts a bodily injury on the woman and the restaurant where the defendant took a drinking on the side of the packing, and ④ the defendant's act of interference was committed by the president and his employees who made a request for the calculation at the main point, ④ the victim's assault with the beer and the victim's ice, which are dangerous things, and ⑤ the defendant was inflicted with drinking and drinking without drinking through two times at the restaurant, and the circumstances and frequency of the act of this case, the degree of the crime and the crime of this case's punishment, etc. are not identical to the crime of this case.

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