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(영문) 수원지방법원 2015.05.28 2014노7175

업무방해등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal by the defendant;

A. The defendant with mental disorder was under the influence of alcohol at the time of each of the crimes in this case and was in the state of mental disorder or mental disorder, but the court below erred by misapprehending this.

B. In light of the fact that the Defendant commits each of the instant crimes in contingency under the influence of alcohol and is in an economically difficult situation, etc., the lower court’s sentence of imprisonment for eight months, suspension of execution two years, order to attend sexual assault treatment lectures for twenty hours, and order to provide community service orders for twenty hours is too unreasonable.

2. Determination

A. In full view of the background leading to each of the instant crimes, the means and methods of committing the crime, the Defendant’s act before and after committing the crime, and the circumstances after committing the crime acknowledged by the evidence duly admitted and investigated by the lower court as to the assertion of mental and physical disorder, it is not deemed that the Defendant was aware of the fact at the time of each of the instant crimes, but did not have or lacks the ability to discern things or make decisions.

Therefore, the judgment of the court below that did not apply Article 10(1) and (2) of the Criminal Act cannot be deemed to have erred that affected the conclusion of the judgment in violation of the statutes on the grounds for statutory exemption from liability. Therefore, this part of

B. Each of the instant crimes committed on the assertion of unfair sentencing is that: (a) each of the instant crimes committed by the Defendant, at a restaurant operated by the victim D, the Defendant lying a trial fee to customers and was gathering a house; (b) obstructed the work of the victim D; (c) was arrested in the act of committing an offense and under investigation by the police; (d) the police officer took a bath to police officers; and (e) the nature of the offense is not good; (e) the victim H and I want to be punished by the Defendant; and (e) the motive and background of each of the instant crimes, circumstances before and after the commission of the offense, degree of damage, and other records and arguments.