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(영문) 인천지방법원 2016.08.26 2016노2426
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental and physical loss or mental weakness under the influence of alcohol at the time of committing each of the instant crimes.

B. The sentence of the lower court (one year of imprisonment) against an unjust defendant is too unreasonable.

2. Determination

A. According to the record as to the assertion of mental disorder, although it is recognized that the defendant was somewhat drunk at the time of each of the crimes in this case, considering the background, process of the crime, and the defendant's behavior before and after the crime, it does not seem that the defendant lacks the ability to discern things or make decisions. Therefore, the defendant's mental and physical disorder argument is without merit.

B. In full view of various circumstances, including the Defendant’s age, sex and environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, the lower court’s punishment is too excessive and unreasonable, and thus, it does not seem that the Defendant’s wrongful assertion of sentencing is unreasonable. However, the Defendant did not have any reason to believe that there was no reason to believe the Defendant’s illegal assertion of sentencing.

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

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