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(영문) 수원지방법원 2016.04.20 2015노1351
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime with mental and physical disorder, he was under the influence of alcohol.

B. The sentence of the lower court’s unfair sentencing (an amount of KRW 700,000) is too unreasonable.

2. Determination

A. According to the record as to the assertion of mental disorder, it may be recognized that the defendant had a drinking condition at the time of the crime of this case. However, in light of the circumstance leading up to the crime of this case, the means and method of the crime, the defendant's act before and after the crime of this case, the defendant was under the influence of alcohol and had no or weak ability to discern things or make decisions.

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

B. In a case where there is no change in the conditions of sentencing compared to the first instance court as to the unfair argument of sentencing, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In such a case, there is no change in the conditions of sentencing compared to the lower court as the submission of new materials for sentencing in the trial court did not change, and considering the following circumstances, including the Defendant’s age, sex, sex, environment, motive, means, and consequence of the crime, etc., the lower court’s sentencing is deemed appropriate, and it does not seem to deviate from the reasonable scope of discretion, too, by considering the following circumstances.

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. It is so decided as per Disposition, since the defendant's appeal is without merit.

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