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(영문) 창원지방법원 2018.04.11 2017노3339
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Sentencing sentencing based on the summary of the grounds for appeal (the sentence of the lower court: 8 months, and the Defendant, at the first trial date, dismissed the mistake of facts and the assertion of mental or physical disorder)

2. The lower court, under the unfavorable circumstances that the Defendant committed the instant crime even though he/she was a repeated offender due to the instant crime, determined a sentence by taking into account the circumstances favorable to the Defendant’s confession and reflectiveness of the instant crime, taking into account the Defendant’s criminal history, age, sex, environment, motive and means of the instant crime, circumstances after the crime, etc., and taking into account various sentencing conditions as indicated in the instant records and arguments.

The grounds for the court below's improper sentencing (such as the fact that the defendant is against the defendant, the defendant committed the crime of this case by drinking, and the defendant committed the crime of this case) are shown to have been sufficiently considered in determining the punishment against the defendant, and the above sentencing conditions have been changed in the court below's trial.

There is no circumstance to see the above sentencing conditions, and considering the above sentencing conditions, the sentence of the court below is determined to be reasonable within the reasonable scope of discretion.

Defendant’s assertion is without merit.

3. In conclusion, 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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