(영문) 의정부지방법원 2015.04.21 2015노672

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자간(%)

(영문) 의정부지방법원 2015.04.21 2015노672

업무방해등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of the instant crime, the Defendant was under the influence of alcohol and had no or weak ability to discern things and make decisions.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of mental and physical disorder, it is recognized that the defendant had drinking alcohol at the time of the crime of this case, but in light of the circumstances leading to the crime of this case, the method and method of the crime, and the circumstances after the crime, etc., it cannot be deemed that the defendant did not have or lacks the ability to discern things or make decisions. Thus, the above assertion by the defendant is without merit.

B. Determination on the argument of unfair sentencing is recognized. 2) However, in full view of the following factors: (a) the crime of this case was committed by the Defendant who led to the confession of all of the crimes of this case and reflects on the Defendant; and (b) the Defendant appears to have committed contingent acts under the influence of alcohol; (c) however, the crime of this case interfered with his duties by taking a bath to the staff of the head of the head office who was at the end of a fighting; and (d) the police officer called up for the police officer, taking advantage of his desire and intimidation, etc.; (c) the nature of the crime is not good; (d) the damage was recovered or did not agree with the victims; (d) the Defendant was sentenced to 8 months of imprisonment with labor due to special larceny; and (e) the Defendant was committed without being aware of the motive and circumstance leading to the crime of this case; and (e) all the sentencing conditions presented in the argument of this case, such as the motive and circumstance leading to the crime of this case, etc. before and after the crime, even if considering the aforementioned circumstances,

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

3. In conclusion, the defendant's appeal is without merit and Article 364 of the Criminal Procedure Act is not reasonable.

참조조문

-형사소송법 제364조

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