logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2014.09.05 2014노1851
업무방해
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Defendant 1 was under the influence of alcohol at the time of the instant crime, and there was an insane or mental and physical disability. 2) The lower court’s sentence of unreasonable sentencing (six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. According to the record as to the assertion of mental and physical disorder, even though the Defendant was aware of drinking alcohol at the time of each of the crimes in this case, in light of the mode and method of the crime in this case, the Defendant’s speech at the time, and the circumstances before and after the crime, it does not seem that the Defendant had lost or weak ability to discern things or make decisions.

The defendant's above assertion is without merit.

B. We examine both the Defendant and the prosecutor’s assertion of unreasonable sentencing.

Considering the fact that the Defendant committed the instant crime during the period of probation and was sentenced to a fine several times during the period of probation, it is inevitable to sentence the Defendant to imprisonment with labor, considering the fact that each of the instant crimes was committed, the damage was not recovered, and the Defendant had the same criminal records.

However, there are favorable circumstances for the defendant, such as the fact that the degree of damage caused by each of the crimes in this case is not significant, the fact that the defendant acknowledges his mistake and is going to live faithfully and faithfully in the future.

In addition, if the judgment becomes final and conclusive, the previous sentence of suspended execution becomes void, and if the defendant comprehensively takes into account the circumstances leading to each of the crimes in this case, means and results, the circumstances after the crime, the age, character and conduct, and environment of the defendant, etc., and the various conditions of sentencing as shown in the arguments, it cannot be deemed that the sentence of the court below is too heavy or unreasonable.

The grounds for unfair sentencing by prosecutors and defendants are without merit.

3. In conclusion, the appeal by the defendant and the prosecutor is justified.

arrow