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(영문) 서울남부지방법원 2019.08.29 2019노1084
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 in a state of mental disorder by drinking alcohol.

B. The sentence imposed by the lower court (one year and four months of imprisonment and fine of 100,000 won) is too unreasonable.

2. In light of the Defendant’s speech and behavior or the circumstances before and after each of the instant crimes, which were acknowledged by the record as to the assertion of mental and physical disorder, the Defendant did not appear to have been in a state where the Defendant lost or weak ability to discern things and make decisions at the time. Therefore, the Defendant’s mental and physical

3. In full view of the following circumstances, even if the Defendant’s judgment on the assertion of unfair sentencing is against his own offense, the number of offenses in this case is inferior, the Defendant’s failure to perform the sentence for the same kind of offense, and the Defendant started to stop again only five days from the completion of the sentence for the same offense, the Defendant did not receive a letter of subscription from the victims, the Defendant’s age, character and behavior, environment, motive and consequence of the offense, and other circumstances that form the sentencing conditions indicated in the records and arguments of this case, including the Defendant’s age, character and behavior, environment, motive and consequence of the offense, and circumstances after the crime, etc., the Defendant’s assertion of unfair sentencing does not accept the Defendant’s assertion of unfair sentencing.

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

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