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(영문) 부산지방법원 2017.08.10 2017노1400

업무방해등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. While having a mental disorder, the Defendant was under the influence of alcohol at the time of each of the instant crimes, and had no or weak ability to discern things or make decisions.

B. The lower court’s sentence (six months of imprisonment) against an unfair defendant in sentencing is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below below and the court below, the defendant suffered from mental illness before and after the crime in this case was committed, and even after being drunk at the time of each crime, in light of all circumstances such as the background and contents of the crime in this case, the defendant's behavior and attitude before and after the crime in this case, it does not seem that the defendant did not have the ability or ability to make a decision on the ability to discern things due to mental illness and alcohol at the time of the crime in this case, and therefore, this part of the defendant's assertion is rejected.

B. The circumstances favorable to the Defendant are recognized, such as the following: (a) the Defendant’s confession of the instant crime while making a mistake; (b) the need to consider equity with the case where the Defendant had been tried with the obstruction of the duties for which the judgment became final and conclusive; and (c) the Defendant appears to have contributed to the instant crime even though the mental disorder suffered by ordinary person is not in a state of mental and physical weakness at the time of each crime; and (d) the mental illness suffered

However, the crime of this case obstructs the defendant's restaurant business of the victim E without any reasons following the day of release, assaults the victim F, and damages the victim I, J, and N, in light of the content of the crime, the criminal liability is heavy, the defendant does not make any effort to recover damage to the victims, the defendant commits the crime of this case again during the period of repeated crime, and the criminal litigation law of our country adopts the trial-oriented principle and the direct principle.