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(영문) 서울남부지방법원 2017.07.13 2017노394
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant had mental and physical weakness at the time of committing the instant crime.

B. The punishment sentenced by the court below to the defendant (six months of imprisonment, two years of suspended sentence, one year of observation of protection, one year of community service, 40 hours) is too unreasonable.

In particular, the areas of protection observation and community service order are the ones.

2. Determination

A. According to each evidence duly admitted and examined by the court below on the part of the claim for mental disorder, the defendant's drinking at the time of the instant case is recognized.

However, in light of the circumstances leading up to the instant crime, the means and method of the crime, the criminal defendant’s conduct before and after the crime, etc., it cannot be deemed that the act has led to the weak state of the ability to discern things or make decisions.

This part of the defendant's assertion is not accepted.

B. The Defendant has been punished several times due to violent crimes, etc.

The crime of this case is deemed to be disadvantageous to a school employee and police officer under the influence of alcohol.

The defendant did not agree with the victims up to the trial of the case.

The judgment below

There is no new circumstance to consider in sentencing after sentencing.

Although it seems that the defendant's 40-hour community service order will be a part of the defendant's livelihood maintenance, it seems that the defendant could implement the community service order to the extent that he does not interfere with his livelihood through consultation with the protection observation office after the judgment became final and conclusive.

In addition, comprehensively taking into account all the sentencing conditions indicated in the records of the instant case, including the Defendant’s age, sex, intelligence and environment, means and methods of committing a crime, and circumstances after committing a crime, it is not recognized that the sentence of the lower court against the Defendant is too unreasonable.

3. 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.

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