(영문) 수원지방법원 2013.10.02 2013노3466 | 리걸엔진

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(영문) 수원지방법원 2013.10.02 2013노3466

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 state of weak mental disorder that lacks the ability to discern things or make decisions.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below on the assertion of mistake of facts, it is recognized that the defendant committed the crime of this case while drinking alcohol, but in light of the background of the crime of this case, the circumstances before and after the crime of this case, the defendant's behavior at the time of the crime of this case, etc., it cannot be seen that the defendant did not have the ability to discern things or make decisions at the time of the crime of this case. Thus, this part of the defendant'

B. We need to take account of the fact that the Defendant’s decision on the assertion of unfair sentencing is against the Defendant’s consent to the instant crime and agreed with the victim.

However, the crime of this case was committed by the defendant while drinking alcohol at the restaurant in the operation of the victim, taking the victim's bath, and taking time to other customers, and the property was damaged. The defendant already committed the crime of this case in spite of the previous crime of violence or damage related to property damage one time imprisonment, two times a suspended sentence of imprisonment, and the criminal records of 14 times a fine, which had already been sentenced to criminal punishment. The crime of this case appears to have again been committed with violent tendency shown by the defendant. The defendant was under suspended execution under a suspended sentence imposed on probation for the crime of violation of the Punishment of Violence, etc. Act (a violation of the Act on the Punishment of Violences, etc., which is the same kind of crime at the time of the crime of this case. Nevertheless, the defendant committed the crime of this case without any consent of the defendant.

참조조문

-폭력행위 등 처벌에 관한 법률

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