업무방해등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and two months.
1. Summary of grounds for appeal;
A. At the time of each of the instant crimes, the Defendant had no or weak ability to discern things or make decisions under the influence of alcohol.
B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.
2. Determination
A. According to the evidence duly admitted and examined by the court below as to the assertion of mental disorder, the defendant is deemed to have a drinking alcohol at the time of each of the crimes in this case, but in light of the circumstances leading to the crime, the means and method of the crime, and the circumstances before and after the crime, etc., the defendant seems to have a lack or weak ability to discern things due to drinking. Thus, the above assertion by the defendant is without merit.
B. Each of the instant crimes committed on the assertion of unfair sentencing is an unfavorable circumstance to the Defendant, such as: (a) the Defendant inflicted an injury on the victims who avoid disturbance at the main point and interfered with bar business; (b) damaged property; and (c) assaulted the police officers dispatched upon receiving a report; and (c) the nature of the relevant crime is not good; (d) the Defendant previously committed the instant crime, including two times of punishment due to property damage, obstruction of business, obstruction of performance of official duties, etc.; and (e) committed the instant crime at the same time during the month after release; (c) the injury was not recovered; and (d) the obstruction of performance of official duties requires to be punished for establishing national legal order and eradicating the light of public authority.
However, it is relatively minor that the defendant made confession of all of the crimes of this case, and the degree of violence that the defendant used to police officers or the degree of damage caused by each of the crimes of this case is relatively minor. The victim of the crime of this case does not want the punishment of the victim. In addition, the defendant's age, character and behavior, environment, motive and circumstance of the crime, and before and after the crime.