beta
(영문) 인천지방법원 2017.08.11 2017노2161

업무방해등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental and physical weakness under the influence of alcohol at the time of committing the instant crime.

B. The punishment sentenced by the lower court (one year of imprisonment) is too unreasonable.

2. Determination

A. In light of the following circumstances: (a) acknowledged by the record as to the assertion of mental and physical weakness, the Defendant had the ability to discern things or make decisions under the influence of alcohol at the time of committing the crime; (b) the process leading up to the instant case; (c) the means and method of committing the crime; (d) the Defendant’s attitude and behavior before and after the crime; and

It does not appear.

Therefore, the defendant's ground of appeal disputing mental disorder is without merit.

B. As to the wrongful assertion of sentencing, the Defendant recognized all of the instant crimes, thereby contravening his mistake.

The other victims except the victims G submitted a written agreement with the investigative agency and the court below stating the intent to take the defendant against the defendant.

However, the crime of this case was committed by the Defendant under the influence of alcohol without any particular reason, or obstructed the victims’ business operations by avoiding disturbance. In light of the background and method of the crime, the frequency of the crime, etc.

subsection (b) of this section.

In addition, even though the Defendant had been subject to punishment several times, such as interfering with duties and violence, even though he was under the influence of alcohol, he committed the instant crime against the victims who had no mistake in drinking during the period of repeated crimes due to criminal records such as interference with duties, etc., the awareness of the Defendant’s social responsibility and compliance consciousness seems to be considerably lacking, and there seems to be no social relationship to prevent the Defendant from repeating the crime, such as where the Defendant was married with his wife and his family, without contact with his family.

A crime interfering with business is not likely to cause damage to each individual crime.