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(영문) 대전지방법원 2013.05.02 2013노529
업무방해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

Summary of Grounds for Appeal

The Defendant was under the influence of alcohol at the time of each of the instant crimes, and was in a state of mental disorder or mental disability.

The sentence of the lower court on the grounds of unfair sentencing (ten months of imprisonment) is too unreasonable.

Judgment

According to the evidence duly admitted and examined by the court below as to the assertion of mental disorder, the defendant was deemed to have had the ability to discern things or make decisions due to drinking at the time of each of the crimes of this case, in light of all the circumstances such as the background leading up to each of the crimes of this case, the contents of each of the crimes of this case, the means and methods of the crimes, and the circumstances after the crime.

Since it seems that the defendant was in a state or weak condition, the above assertion by the defendant is without merit.

As to the assertion of unfair sentencing, each of the crimes of this case is disadvantageous to the defendant, including the fact that the nature of the crime is not weak, that the victim did not agree with the victims, and that the damage was not recovered until the trial of the case, and that there was a history of punishment for imprisonment or fine several times of the same crime in the past.

However, considering the fact that the degree of each damage suffered by the victims seems not to be severe, and above all, considering the fact that the defendant led to the confession of each crime of this case and reflects the depth of each crime of this case, and that the defendant does not repeat again with the cause of this case, the sentence of the court below seems to be somewhat unreasonable.

Therefore, the defendant's argument is justified.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal of this case is with merit.

Criminal facts

The summary of the evidence and criminal facts against the defendant recognized by this court and the summary of the evidence is "court statement of the defendant" in the judgment below.

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