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(영문) 인천지방법원 2015.07.24 2015노1770
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of each of the instant crimes, the Defendant was drunk and was in a state of mental disability.

B. The sentence of imprisonment (eight months of imprisonment) imposed by the court below on the defendant is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly admitted and examined by the court below as to the claim of mental disability, the defendant was showing symptoms that the defendant could not easily drinke the emotional or behavioral behavior due to the proof of alcohol, and even at the time of each of the crimes of this case, even though he was found to have drank a considerable amount of alcohol at the time of the crime of this case, in full view of the degree of alcohol of the defendant and the attitude of the defendant before and after the crime of this case, it cannot be seen that at the time of the crime of this case, the defendant did not have reached a state where the defendant was under the influence of alcohol so that he could change

B. We examine the judgment on the assertion of unfair sentencing, and it is recognized that the defendant all recognized the crime of this case, and that the defendant agreed with the victim C and G.

However, the Defendant committed the instant crime with the same content even if he/she was punished several times for the same crime, especially when he/she was sentenced to a fine by committing the crime of interference with business during the period of repeated crime due to the same crime, and even if he/she was sentenced to a fine for the same crime, the nature of the crime is very poor. The sentence of the Defendant cannot be avoided, and there is no special circumstance or circumstance to newly consider the sentencing after the decision of the court below, and there is no other special circumstance or circumstance to newly consider the sentencing after the decision of the court below, and considering all the sentencing conditions in the records, such as the Defendant’s age, character and behavior, motive and circumstance leading to the instant crime, and circumstances before and after the instant crime, the sentence imposed by the court below is too too unreasonable. Thus, the Defendant’s above assertion is rejected.

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