업무방해등
The defendant's appeal is dismissed.
1. Summary of the grounds for appeal (misunderstanding of facts, mental suffering, and unreasonable sentencing)
A. As to the crime of intimidation against the victim S among the facts charged in the instant case of mistake of facts (as to the crime of intimidation among the facts charged in the instant case), it is impossible to properly memory whether the Defendant made the victim’s speech that he would be dead, and there was no criminal intent of intimidation against the Defendant.
B. In around 2014, the Defendant was faced with a head in Crerest, suffered from injury, such as cerebral lele, and sustained symptoms, such as memory reduction, and divorced from her wife around 2018, and was dependent on the influence of alcohol. Each of the instant crimes was committed under the influence of alcohol by the Defendant with the above disease. The Defendant was in a state of weak ability to distinguish things at the time of each of the instant crimes, and the Defendant was in a state of weak ability to make decisions.
C. The sentence imposed by the lower court (one year and six months of imprisonment) is too unreasonable.
2. Determination
A. In the crime of intimidation against a mistake of fact, the term "in the crime of intimidation" means that a person gives notice of harm that may cause fear to a general public. As such, an intentional act as a subjective constituent element does not require any intent or desire to actually realize the harm that an actor knows and accepts by recognizing that the offender informss of harm to such an degree. However, if the actor's speech or behavior is merely merely an expression of a mere emotional expression or temporary decentralization and it is objectively evident that there is no intention to harm in light of the surrounding circumstances, it cannot be acknowledged that the actor's act of intimidation or temporary decentralization is a mere expression of an emotional expression or temporary decentralization.
The issue of whether there was the intent of intimidation or intimidation should be determined by considering not only the external appearance of the act, but also the circumstances leading to such act, and the relationship with the victim.