업무방해등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. Summary of grounds for appeal;
A. The Defendant was under the influence of alcohol at the time of committing the crime of interference with business, and was in a state of mental or physical disability.
B. The sentence imposed by each court below on the defendant (six months of imprisonment, eight months of imprisonment) is too unreasonable.
2. Determination
A. We examine ex officio prior to the defendant's appeal for ex officio, and this Court decided to hold a concurrent hearing of each appeal case against the judgment below. The crimes that the judgment of the court of first and second are found guilty of the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act. As such, it cannot be punished as the judgment of the court of first and second instances, and it cannot be punished in accordance with the provisions of Article 38 (1) of the Criminal Act concerning the punishment of concurrent crimes. Thus, the judgment of the court below cannot be maintained any more in this respect.
However, despite the above reasons for ex officio reversal, the defendant's assertion of mental or physical disability is still subject to the adjudication of this court, and this will be examined below.
B. According to the records on the argument of mental or physical disability, even though the defendant is deemed to have served alcohol at the time of committing the crime of interference with business, it does not seem that the defendant had the ability to discern things or make decisions due to drinking at the time of committing the crime of interference with business, in light of the defendant's usual drinking volume, the background, means and place of the crime, the defendant's behavior before and after the crime of interference with business, and the circumstances after the crime of interference with business, and therefore, the defendant's argument of mental
3. Accordingly, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment of the court below is reversed, and it is again decided as follows through pleading.
Criminal facts
b) the evidence;