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(영문) 수원지방법원 2015.01.22 2014노4667
모욕등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Under the influence of alcohol, the Defendant has a legal reason for reduction and exemption by committing the instant crime in a state that the Defendant lacks the ability to discern things or make decisions.

I would like to say.

B. The lower court’s sentence of unreasonable sentencing (one month of imprisonment and a fine of three hundred thousand won) is too unreasonable.

2. Determination

A. In light of the background, process, means and method of the instant crime, the Defendant’s behavior before and after the instant crime, etc., as to the assertion of mental disability, which was duly adopted and examined by the lower court, were often drinking, but it does not seem that the Defendant had weak ability to discern things or make decisions at the time of the instant crime, and thus, the above assertion by the Defendant is rejected.

B. Regarding the assertion on unfair sentencing, the Defendant was sentenced to 8 months of imprisonment with prison labor for the crime of interference similar to the crime of this case and did not know about the crime of this case even during the repeated crime period, and the Defendant committed the crime of this case without being aware of it, five times as to the crime of interference with business, one time as to the crime of obstruction of performance of official duties, and two times as to the crime of violation of the Punishment of Minor Offenses Act. Nevertheless, in full view of various circumstances, including the Defendant’s age, character, character, environment, motive, means and method of the crime, and circumstances after the crime, etc., which are the conditions for the argument and the sentencing specified in the record of this case, the Defendant’s above assertion is rejected.

3. 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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