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(영문) 수원지방법원 2015.04.29 2015노1062
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 imposed by the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. According to the record as to the claim of mental disorder, even though the defendant was in a state of drinking at the time of each of the crimes in this case, it does not seem that the defendant had the ability to discern things or make decisions due to drinking, and therefore, the above assertion by the defendant is without merit, in light of the defendant's ordinary drinking volume, the circumstances leading to the crime, the means and method of the crime, and the circumstances.

B. Although the Defendant’s assertion of unfair sentencing is against his own mistake, the Defendant is able to have been punished for the same kind of crime, and the Defendant has repeatedly committed the instant crime, such as the misappropriation during the period of suspension of execution, and is liable for such crime.

In addition, even though the amount of damage is small, the damage has not yet been recovered, and the defendant has not made a serious effort to recover the damage.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, details and details of the crime, and circumstances after the crime, etc., the sentencing conditions specified in the instant records and pleadings do not seem to be unfair because the sentence imposed by the lower court is too unreasonable.

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

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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