업무방해
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (mental and physical disorder and sentencing disorder) is that the Defendant was suffering from depression at the time of committing the instant crime, and was in a mental and physical weak state under the influence of alcohol.
Considering this point, the sentence of the court below (six months of imprisonment) is too unreasonable.
2. It is recognized that the defendant suffers from depression, etc. at the time of committing the crime, and that he/she drinks alcohol at the time of committing the crime.
However, in light of the background of the instant crime, the means and method of the crime, and the circumstances before and after the crime, etc., the Defendant had no or weak ability to discern things or make decisions.
It does not seem that it does not appear.
3. The Defendant reflects his fault in determining the unfair argument of sentencing.
However, the degree of the defendant's interference with the victim's business is not less complicated, but is bad.
The defendant was unable to reach an agreement with the victim.
The Defendant has been punished several times due to the same type of crime, etc., and committed the instant crime without being aware of it even during the repeated crime period.
In addition, comprehensively taking account of the Defendant’s age, sex, environment, motive, means, and consequence of the crime, various sentencing conditions as shown in the instant pleadings, such as the circumstances after the crime was committed, the lower court’s sentence against the Defendant is too unreasonable.
4. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.