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(영문) 서울고등법원 2013.06.14 2013노1394
업무방해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

A candidate for medical treatment and custody shall be punished by medical treatment and custody.

Reasons

1. Summary of grounds for appeal;

A. Of the facts charged in this case of mistake of facts, there was no fact that the Defendant committed such crime. The part concerning interference with each business under paragraph (1), the part concerning Q and H under paragraph (2), the part concerning intimidation under paragraph (3), and the part concerning injury under paragraph (5).

B. The sentence of imprisonment (one year of imprisonment) imposed by the court below on the defendant is too unreasonable.

2. Determination

A. Prior to the judgment on the grounds of appeal by the Defendant’s ex officio, the Defendant is diagnosed to have mental disorder due to alcohol use, dependent symptoms, and unstable character disorder. The Defendant may also be found to have committed each of the crimes of this case in such mental condition.

In full view of the circumstances, such as the background, means and mode of the instant crime, the Defendant’s behavior before and after the instant crime, etc., it is reasonable to deem that the Defendant was in a state of mental and physical disability, where the ability to discern things or make a decision was deteriorated due to alcohol respect and personality disorder at the time of each of the instant crimes.

Nevertheless, the judgment of the court below that the defendant committed each of the crimes in this case under normal mental condition is erroneous in the misapprehension of facts.

On the other hand, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court, even though there is a ground for ex officio reversal in the judgment below.

B. According to the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, the Defendant interfered with each victim’s work on seven occasions as shown in the attached Table 1 of the crime committed by the lower court from July 2010 to June 2012, and assaulted the victim Q Q around June 201, and around July 18, 200, respectively, and the victim H around October 201, and the victim H around May 201.

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