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(영문) 의정부지방법원 2017.09.04 2017노1551
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 disorder under the influence of alcohol.

B. The sentence of the lower court’s unfair sentencing (2 million won) is too unreasonable.

2. Determination

A. At the time of the instant case’s determination as to the assertion of mental and physical disorder, the Defendant was in a state that the Defendant had no or weak ability to discern things or make decisions at the time of the instant crime, in light of the circumstances acknowledged by the evidence duly adopted and investigated by the lower court, the method and method of the crime, and the Defendant’s act before and after the instant crime.

It does not appear.

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

B. The fact that the defendant led to the confession of a crime and agreed with the victim at the investigation stage is favorable to the defendant.

However, in light of the fact that the Defendant committed the instant crime during the suspension period of the execution of imprisonment with prison labor for the same kind of criminal punishment and interference with business affairs, and other various conditions of sentencing as indicated in the records, such as the background of the crime, the circumstances after the crime, the age of the Defendant, and the sexual conduct, the lower court’s punishment is too unreasonable.

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.

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