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(영문) 창원지방법원 2020.02.13 2019노2401

업무방해등

Text

The judgment below

The part against the defendant shall be reversed.

Defendant shall be punished by a fine of KRW 15,000,000.

Defendant.

Reasons

1. Summary of grounds for appeal;

A. A. The Defendant has committed each of the crimes in this case under the state of mental disability.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment) is too unreasonable.

2. Determination

A. According to the record of determination on the claim of mental disability, even though the defendant was aware that he had drinking alcohol at the time of each of the crimes in this case, it does not seem that the defendant had a weak ability to discern things or make decisions.

Therefore, the defendant's above assertion is without merit.

B. The Defendant committed each of the instant crimes against the Defendant when the same type of criminal records exist several times in determining the allegation of unfair sentencing, and even during the suspended execution period, etc. is disadvantageous to the Defendant.

However, considering various sentencing conditions, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and the following circumstances, the court below's punishment is deemed unreasonable in view of the following factors: (a) the defendant has been detained for a considerable period of time, (b) the defendant has a sufficient opportunity to reflect on his criminal conduct; (c) the degree of exercise of the defendant's tangible power against police officers was relatively excessive; (d) the defendant has agreed with the victims of interference with duties; (e) the defendant was in a trial; (e) the defendant has been provided with a letter of favor from police officers; (e) the defendant's wife and the employer want to support the defendant; and (e) the defendant's wife and

Therefore, the defendant's assertion of unfair sentencing is justified.

3. As such, there is no reason to appeal as to the defendant's claim of mental disability, but the appeal as to the defendant's allegation of unfair sentencing is reasonable, so the part of the judgment of the court below against the defendant is reversed pursuant to Article 364 (6) of the Criminal Procedure Act,

[Discied Reasons for the judgment] Criminal facts and summary of evidence recognized by the court, and they are the same.