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(영문) 제주지방법원 2018.12.13 2018노619
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

Of the facts charged in the instant case, the lower court rendered a judgment dismissing the public prosecution regarding assault and assault, and rendered a judgment of conviction as to the remainder of the facts charged. Since only the Defendant appealed to the conviction portion among the lower judgment, the dismissal portion of the public prosecution for which the Defendant and the Prosecutor did not appeal was

Therefore, the scope of this court's judgment is limited to the conviction part of the judgment below.

The gist of the defendant's appeal is that the court below did not recognize the defendant even though the defendant committed each of the crimes in this case under the condition of mental or physical disorder. The court below erred by misunderstanding the facts about mental or physical disorder or by misunderstanding the legal principles, which affected the conclusion of the judgment, and the sentence (10 months of imprisonment) imposed by the court below is too unreasonable.

However, according to the records of this case, at the time of each of the crimes of this case, the defendant had no or weak ability to discern things or make decisions.

The defendant's mental and physical argument is not reasonable, and in full view of various circumstances that are conditions for sentencing as shown in this case, since the sentence imposed by the court below is too unreasonable, it is not recognized that the sentence imposed by the defendant is too unreasonable, and therefore, the defendant's improper argument in sentencing

Accordingly, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

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