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(영문) 대구지방법원 2018.02.02 2017노5179
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, who claimed mental and physical weakness, was under the influence of alcohol at the time of each of the instant crimes.

B. The sentence imposed by the lower court (one year of imprisonment) on the Defendant is too unreasonable.

2. According to the record of the determination on the assertion of mental and physical weakness, even though the Defendant was in a drunken state at the time of each of the crimes in this case, and was found to have suffered a certificate of respect for alcohol, it was found that the Defendant had weak ability to distinguish things or make decisions at the time of the crime in light of the content of the crime and the method of the crime.

does not appear.

Therefore, the defendant's assertion is not accepted.

3. In a case where there is no change in the conditions of sentencing compared to the first instance court’s determination on the unfair argument of sentencing, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). There is no change in the conditions of sentencing compared to the lower court’s given that no new materials have been submitted in the trial at the lower court. In full view of the various circumstances and other circumstances, including the Defendant’s age, sexual behavior, environment, motive, means and consequence of the instant crime, and the following circumstances, the lower court’s sentencing is too excessive and it is not recognized that the lower court exceeded the reasonable scope of discretion.

Therefore, the defendant's assertion is without merit.

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

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