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(영문) 수원지방법원 2018.08.24 2018노3595
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of the instant case, the Defendant was in a state of mental and physical weakness due to polar disorder.

B. The sentence of the lower court’s unfair sentencing (one hundred months of imprisonment) is too unreasonable.

2. Determination

A. According to the records of the instant case’s assertion of mental and physical weakness, even though the Defendant was under medical treatment on the grounds of stimulative disorder at the hospital before and after the instant crime, the Defendant was deemed to have failed to have the ability to discern things or make decisions due to mental disorder at the time of the instant crime in light of the content, circumstance, and circumstances before and after the instant crime.

It is difficult to see it.

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

B. The fact that the defendant's judgment on the unfair argument of sentencing was made in the first instance court and it is against the defendant's wrong recognition, etc., or that the defendant has been punished several times due to violent crimes, etc., and the defendant was punished several times due to the defendant's violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.). The defendant committed the crime of this case at another time even though he was punished with a fine by assault, etc. during the repeated crime period. The defendant committed the crime of this case, and the defendant did not agree with the victim, etc., and it is difficult to view that the court below's punishment is unfair because it is too unreasonable in light of the circumstances unfavorable to the defendant, such as the defendant's age, sexual behavior, environment, family relationship, motive for the crime, and circumstances after the crime.

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

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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