업무방해등
All appeals by the defendant and the prosecutor are dismissed.
Summary of Reasons for appeal
A. Defendant 1) The crime of this case committed by the defendant with mental disorder was committed under the state of mental or physical loss or mental weakness due to mental illness and drinking.
2) The sentence of the lower court (one year and six months of imprisonment) that was unfair in sentencing is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. According to the evidence duly admitted and examined by the lower court regarding the Defendant’s claim on the mental disorder, it is recognized that the Defendant had the mental illness of both extreme disorder at the time of committing the instant crime, evidence with existing mental disorder, and alcohol dependence, and was in the state of drinking.
However, at the time of the instant crime, the lower court had weak ability to discern things or make decisions due to the mental illness and drinking, as seen earlier, at the time of the instant crime.
Considering that Article 10(2) of the Criminal Act applies to the Defendant, the punishment against the Defendant was mitigated, and considering various circumstances, such as the background of the crime, the method of the crime, and the Defendant’s speech and behavior before and after the instant crime, it is not recognized that the Defendant was in a state of mental and physical loss due to lack of the aforementioned ability at the time of the instant crime.
Therefore, this part of the defendant's argument is without merit.
3. We examine both the Defendant and the Prosecutor’s assertion of unfair sentencing as to the sentencing of the Defendant and the Prosecutor.
The crime of this case interferes with the activities of the victim's pharmacy and restaurant, respectively, by destroying, sounding, etc., under the lack of the victim's ability to discern things by mental illness, such as a stimulative disorder, etc. and drinking, and by assaulting the police officers who control other victims by openly obscenity by openly displaying their sexual organ to the public place.