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(영문) 수원지방법원 2019.01.30 2018노7661
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental disability at the time of committing the instant crime.

B. The lower court’s sentence of unreasonable sentencing (four months of imprisonment) is too unreasonable.

2. In light of the background leading up to the instant crime, the means and method of the crime, and the Defendant’s speech and behavior before and after the instant crime, it is difficult to deem that the Defendant had the weak ability to discern things or make decisions at the time of the instant crime.

Therefore, the defendant's above assertion is without merit.

3. In light of the circumstances favorable to the Defendant, such as the fact that the Defendant’s judgment on the assertion of unfair sentencing is against the Defendant’s criminal act, the fact that the Defendant agreed with the victim, the fact that the branch figures wanted to have a preference, etc., and the fact that there exist a large number of punishment power for the same kind of crime including the suspension of the execution of imprisonment, etc., the lower court’s sentence is too unreasonable, considering the circumstances unfavorable to the Defendant, including the Defendant’s occupation, family relation, age, character and behavior, environment, motive and circumstance of the crime, the means and consequence of the crime, and the circumstances before and after the crime, etc.,

Therefore, the defendant's above assertion is without merit.

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

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