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(영문) 대구지방법원 2017.05.26 2017노1304
업무방해
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A, at the time of committing the instant crime, was in a state of mental and physical loss or mental weakness by drinking alcohol.

B. The punishment of four-month imprisonment sentenced by the lower court to the Defendants is too unreasonable.

2. Determination

A. According to the records of this case as to Defendant A’s assertion of mental disorder, it is recognized that Defendant A had drinking alcohol at the time of the crime of this case, but considering such circumstances, considering the background, means and methods of the crime of this case, the attitude and behavior of the above Defendant before and after the crime of this case, and the circumstances after the crime of this case, it cannot be deemed that the above Defendant did not have reached a state where he lost or weak ability to distinguish things or make decisions at the time of the crime of this case. Thus, this part of the above Defendant’s assertion

B. Although the Defendants acknowledged the facts charged, the fact that the Defendants violated their mistake, and the head of the management division of the damaged singing point does not want the Defendants’ punishment, the crime of this case was committed by the Defendants at the police officer called out with the above H’s report, and the Defendants committed the crime of this case but did not have any special circumstances to change the Defendants’ age, age, sex, environment, family relations, circumstances, etc. after the sentence was issued, even though they were urged to return home from the police officer called out with the above H, and thus, the crime of this case was not less than less than 10 times of violence, including the Defendant A once a suspended sentence, and there was a record of criminal punishment more than 20 times of criminal punishment, including once a suspended sentence due to violent crimes, once a suspended sentence due to violent crimes, and several times of fines. In particular, Defendant B committed the crime of this case without being able to change the sentence of the lower court after the sentence of the lower judgment, and there was no other special circumstance to change the Defendants’ age, sex, family relation, etc.

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