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(영문) 대전지방법원 2018.12.13 2018노2993
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 the instant crime.

B. The punishment of the lower court (six months of imprisonment) is too unreasonable.

2. In light of various circumstances such as the background leading up to the instant crime, the means and method of the crime, the process of the crime, and the Defendant’s act before and after the crime, etc., the Defendant’s assertion as to the mental and physical disorder cannot be accepted, since it appears that the Defendant had no or weak ability to discern things or make decisions under the influence of alcohol at the time of the instant crime.

3. The lower court’s judgment on the wrongful assertion of sentencing was determined within a reasonable scope by fully taking into account all the circumstances regarding the sentencing of the Defendant, and there is no circumstance to newly consider in the trial. Therefore, even considering the circumstances asserted by the Defendant on the grounds of appeal, the lower court’s sentence is too unreasonable and unreasonable.

4. 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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