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(영문) 창원지방법원 2017.01.18 2016노3040
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant had mental and physical loss or mental weakness at the time of committing each of the instant crimes.

B. The punishment sentenced by the lower court (one year of imprisonment) is too unreasonable.

2. Determination

A. In light of various circumstances, such as the background of each of the instant crimes committed by the evidence duly adopted and examined by the lower court, the conduct before and after the commission of the crime, and the means and method of the crime, etc., the Defendant had no or weak ability to discern things at the time of each of the instant crimes.

shall not be deemed to exist.

Therefore, the defendant's mental disorder is without merit.

B. A favorable circumstance is that the defendant made a confession of all of the crimes of this case, the victim F, L and the above victims have not been punished against the defendant, and the defendant is a disabled person of Grade III with intellectual disability.

However, each of the crimes of this case is a normal situation where the defendant interfered with the business of the victim C, F, I's restaurant or beauty room, damages the victim F's property, threatens the victim F, assaults the victim L habitually, and assaults the victim L. In light of the frequency and contents of the crime, it is not good that the crime of this case has been punished several times, including imprisonment for the same kind of crime, and the defendant committed each of the crimes of this case during the repeated crime period, and the defendant continued to commit the crime even after he was arrested as the current offender after he was released, and even after the defendant continued to commit the same crime regardless of the repeated punishment.

In addition to the above circumstances, the age, sex, environment, and motive and circumstance of the crime of the defendant.

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