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(영문) 대구지방법원 2013.04.25 2013노208

업무방해등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The court below erred by misapprehending the legal principles on mental and physical disorder, which affected the conclusion of the judgment, although the defendant was suffering from mental illness at the time of each of the crimes in this case and was under the influence of alcohol, but did not render a sentence mitigated or acquitted.

B. The sentence imposed by the lower court (ten months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below as to the assertion of mental disorder and the fact-finding on the O hospital at the trial of the party, the defendant was given medical treatment with alcohol dependence and depression before each of the crimes in this case, and the fact-finding at the time of each of the crimes in this case is acknowledged. However, in light of the circumstances of each of the crimes in this case, the method and method, the defendant's behavior before and after the crime in this case, etc., the defendant did not have the ability to discern things or make decisions due to mental disorder such as drinking or depression at the time.

in such a manner as to be deemed to have been or weak.

The defendant's mental disorder is without merit.

B. The Defendant, under the influence of alcohol, committed each of the instant crimes.

Recognizing the instant crime, the Defendant has a deep depth, and there are circumstances to consider the instant crime favorable to the Defendant, such as being receiving treatment due to alcohol dependence, depression, etc.

However, the defendant has a record of criminal punishment for other crimes.

The Defendant, while drinking alcohol over 11 times, found the instant apartment commercial building or the management office of the instant apartment building or the management office, satisfing and sating the sound without any particular reason, and in the process, it is not good that the Defendant committed a crime by assaulting the Victim F and G.

In addition, considering the attitude, frequency, period, etc. of the above crime, it seems that the victims suffered emotional distress significantly.