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(영문) 서울동부지방법원 2015.12.10 2015노1060
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was in a mental and physical state due to depression and excessive drinking.

B. The sentence of imprisonment (six months of imprisonment) imposed by the lower court is excessively unreasonable.

2. Determination

A. The following circumstances are acknowledged based on the evidence duly admitted and investigated by the lower court and the trial court: (i) although the Defendant was aware of drinking alcohol at the time of committing the instant crime, the Defendant stated at an investigative agency by relatively specific memory of the background leading up to the injury inflicted on the police officer who called out after the disturbance at the main point; (ii) the Defendant was hospitalized on three occasions from 2009 to 2010 due to alcohol proof and depression; (iii) even though the Defendant was found to have not discovered symptoms at the time of committing the instant crime, the Defendant did not have the ability to distinguish things or make decisions; and (iv) other circumstances leading up to the instant crime, the Defendant did not have any capacity to distinguish things at the time of committing the instant crime, and the method of committing the instant crime.

Since it cannot be deemed that there was a state or weak, this part of the argument is without merit.

B. The Defendant’s assertion of unfair sentencing seems to have made a confession and reflect on the instant crime instead of the instant crime, and the fact that the Defendant appears to be an contingent crime is favorable to the Defendant.

On the other hand, the defendant has been punished more than 20 times in total due to the same crime, and the police officers who called out with the uniform have relatively heavy injuries requiring three weeks of medical treatment, and the nature of the crime is very poor, the liability for the crime is grave, and there was no agreement with the victims, and there was no measure to recover from damage.

In addition, the defendant's age, character and conduct, motive, means and consequence as shown in the argument of this case, and after committing the crime.

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