업무방해등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
1. Summary of grounds for appeal;
A. Each of the charges of this case’s mental and physical disorder is a crime committed under the state of mental and physical loss or mental weakness due to the outbreak of early 10 years ago by the Defendant.
B. The sentence sentenced by the court below (one year of imprisonment) is too unreasonable in light of the fact that the defendant recognized all of the crimes of this case and is against the truth.
2. Judgment on the grounds for appeal
A. According to the record as to the assertion of mental disorder, even though the defendant was found to have received a mental and medical treatment over a number of times from about 10 years to December 2017 due to the tide and circulational character of the defendant, the defendant had no or weak ability to discern things or make decisions due to tide, etc. at the time of each of the crimes in this case, in light of the circumstances leading to the crime, the circumstances before and after the crime, etc.
Therefore, this part of the defendant's assertion is without merit.
B. As to the wrongful assertion of sentencing, it is unfavorable that the Defendant committed a crime of interference with the victims in a short period of time, special intimidation, special property damage, or special assault, and there is a high possibility of criticism in light of the method and consequence of the crime, etc., and that the Defendant did not agree with the victims of the 2018 Highest 741 Incident.
However, in full view of the following facts: (a) the Defendant appears to have recognized and reflected all the crimes in the first instance trial; (b) the Defendant agreed with the victim D in the trial; (c) the Defendant did not have any criminal record exceeding the suspended sentence; and (d) the Defendant’s age, sexual conduct, environment, motive and background of the crime; (b) the means and consequence of the crime; and (c) the circumstances after the crime, etc., the lower court’s punishment is too unreasonable and unfair.
3. As such, the Defendant’s argument of sentencing is reasonable, and thus, Article 364(6) of the Criminal Procedure Act is applicable.