logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2017.10.18 2017노2411
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since the Defendant, while under the influence of alcohol at the time of committing the instant crime, committed the instant crime under the mental and physical loss or mental weakness, he is unable to punish the Defendant, or his sentence should be mitigated.

B. The sentence of the lower court’s improper sentencing (2 million won) is too unreasonable.

2. Determination

A. According to the record of the instant case’s assertion of mental disorder, even though the Defendant was in a drunken state at the time of committing the instant crime, in view of the background leading up to the instant crime, the means and method of the instant crime, and the circumstances before and after the instant crime, the Defendant was in a state that he did not have or lacks the ability to discern things or make decisions at the time of committing the instant crime.

shall not be deemed to exist.

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

B. In full view of the following factors: (a) the judgment of the court below on the unfair argument of sentencing was examined; (b) the crime of this case is not good in light of the circumstances after the crime; and (c) the fact that there is no particular change in the sentencing conditions compared to the judgment below; and (d) the various sentencing conditions indicated in the records and arguments of this case, and thus, the above assertion by the defendant is without merit.

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

arrow