(영문) 울산지방법원 2015.05.08 2015노41 | 리걸엔진

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(영문) 울산지방법원 2015.05.08 2015노41

업무방해등

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

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

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

2. Determination

A. According to the record of determination on the assertion of mental and physical disorder, the defendant was diagnosed with the 201 pulpy disorder in the year 201 and on June 17, 2011.

7. The Defendant was under medical treatment until December 2, 200, and was drunk at the time of each of the instant crimes. However, in light of various circumstances revealed in the records, such as the background, means, and the Defendant’s behavior before and after each of the instant crimes, which were duly adopted and investigated by the lower court, the Defendant did not have the ability to discern things or make decisions at the time of each of the instant crimes.

Therefore, the defendant's above assertion on this point is without merit.

B. As to the assertion on unfair sentencing, the following are favorable to the Defendant: (a) the Defendant recognized each of the instant crimes; (b) the state of unstable appraisal due to depression, etc. appears to have partly affected each of the instant crimes; (c) the victims seek a wife against the Defendant by mutual consent with the victims; (d) the Defendant is treating the Defendant with high blood pressure and urology and urology; (c) the Defendant is under treatment with high blood pressure and urology; (d) the Defendant has to support the wife and her mother in a de facto marriage relationship; and (e) the Defendant is living in good faith without re-offending

However, each of the instant crimes is that the Defendant interfered with the sales agency business of model voucher, and threatened the victim as a dangerous object at a restaurant, and the case of each of the instant crimes is not minor, and the Defendant was sentenced to a suspended sentence of two years on August 21, 2013 due to the crime of interference with business on August 21, 2013, and the sentence becomes final and conclusive on August 29, 2013.

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