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(영문) 서울중앙지방법원 2017.09.15 2017노2704
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal (mental disorder and sentencing);

A. The Defendant committed each of the instant crimes under the mental and physical loss or mental weakness.

B. The sentence of 1 deliberation (the imprisonment of 8 months and the fine of 600,000 won) for the sentencing is too unreasonable.

2. Determination:

A. According to the evidence duly admitted and investigated by the first instance court of mental and physical disorder, it is recognized that the drinking alcohol was at the time of each of the instant crimes, but considering the circumstances, process of the instant crimes, the Defendant’s behavior before and after the instant crimes, etc., it does not seem that the Defendant lost or lacks the ability to discern things or make decisions.

This part of the defendant's assertion is without merit.

B. In the instant case where: (a) the fact that the first instance court agreed on June 21, 2017 with the victim B and June 21, 2017, and there was no change in the sentencing conditions that may be specifically considered in the appellate trial; and (b) the first instance court’s determination is difficult to deem that the first instance judgment is unfair because the Defendant’s age, sexual behavior, environment, health condition, family relationship, motive, means and consequence of the crime, and other circumstances constituting the conditions for sentencing, are too excessive to exceed the scope of discretion, in full view of the various circumstances indicated in the column for “reasons for sentencing.”

Therefore, this part of the defendant's assertion is without merit.

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

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