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(영문) 부산지방법원 2020.01.09 2019노3335
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (six months of imprisonment) is too unreasonable.

B. At the time of committing each of the instant crimes, the Defendant was in a state of mental disability or mental disability.

2. Determination

A. It is reasonable to respect the allegation of unfair sentencing in a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). In the trial, there was no change in circumstances or normal relationship that may change the sentence of the lower court in the trial, and considering the following as a whole: (a) the reasons for sentencing specified in the lower court’s detailed statement in light of the Defendant’s age, character and conduct, records of the crime, motive or circumstance of the crime, and the circumstances after the crime, the sentence imposed by the lower court was conducted within the reasonable scope of discretion, and is not hot.

B. In light of the circumstances acknowledged by the evidence duly admitted and examined by the lower court as to the assertion of mental disorder, the Defendant cannot be deemed to have a state of mental disability or mental disorder at the time of committing the instant crime, in light of the background, situation at the time of committing the instant crime, means and method, and the circumstances after committing the instant crime

3. Therefore, 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 decided as per Disposition

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