2017No4527 Business Obstruction, Damage to Property

A

Defendant

Location exchange (prosecution) and court room (public trial)

Attorney H (National Assembly)

Seoul Central District Court Decision 2017Ma7103 Decided November 29, 2017

January 26, 2018

The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

(a) Mental and physical disorder;

The Defendant had a mental and physical state under the influence of alcohol at the time of committing the instant crime.

B. Unreasonable sentencing

The sentence of the court below is too heavy.

2. Determination

A. As to the assertion of mental disorder

According to the evidence duly admitted and examined by the court below, although the defendant deemed that he had drinking alcohol at the time of the crime of this case, considering various circumstances such as the background, means, and the defendant's behavior before and after the crime of this case, it cannot be seen that the defendant had no or weak ability to discern things under the influence of alcohol at the time of crime.

B. Regarding the assertion of unfair sentencing

In the first instance trial, the Defendant was compensated for damages to the victim and agreed with the victim. However, in addition to the fact that there are many criminal convictions for the Defendant and the crime of this case committed during the period of suspension of execution due to the same kind of crime, and the circumstances and the conditions of sentencing specified in the court below’s reasons for sentencing, it is not recognized that the sentencing of the court below deviates from the discretionary scope, and thus, it is unreasonable to avoid reversal.

3. Conclusion

The defendant's appeal is dismissed.

The judge of the presiding judge;

Judges Song Jae-Gyeong

Judges Park Jong-young