(영문) 인천지방법원 2017.10.27 2017노2583 | 리걸엔진

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줄 간격

자간(%)

(영문) 인천지방법원 2017.10.27 2017노2583

업무방해등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below that found the Defendant guilty of this part of the facts charged, although the Defendant did not interfere with the victim’s business, is erroneous in the misapprehension of facts.

B. The Defendant, at the time of committing each of the instant crimes, was in a state of mental and physical weakness because the Defendant dices alcohol more alcohol than alcohol and was under treatment due to diversative disorder, etc.

(c)

The punishment of the court below (one year and two months of imprisonment and one million won of fine) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, the defendant can sufficiently recognize the fact that the defendant obstructed the victim's convenience store business as stated in this part of the facts charged, so the defendant's assertion that this part of the judgment below erred by mistake of facts is not acceptable.

B. According to the record of the determination on the assertion of mental disorder, the Defendant was hospitalized on May 1, 2013 through June 5, 2013 due to a bipolartic disorder, and the Defendant was hospitalized on April 1, 2015 and April 1, 2015.

4.6. The fact that the Defendant received hospital treatment is recognized, but does not seem to have reached a weak level of ability to discern things or make decisions at the time of each of the instant crimes, in light of the circumstances before and after each of the instant crimes. Therefore, the above assertion is rejected.

(c)

Although there are extenuating circumstances such as: (a) the Defendant deposited KRW 500,00 for the victim D and KRW 2 million for the victim H; (b) the offense in Article 3 of the judgment of the court below should consider equity with the case of judgment concurrently with the offense of violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.); and (c) the Defendant’s health condition is not good; (d) however, there is no good quality of each of the crimes in this case.

참조조문

-폭력행위 등 처벌에 관한 법률

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