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(영문) 인천지방법원 2017.11.10 2017노2855
업무방해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. Summary of grounds for appeal;

A. At the time of each of the instant crimes, the Defendant had weak ability to discern things or make decisions due to mental illness, such as physical disorder, etc.

B. The punishment of the lower court (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. According to the records of the instant case’s determination on the assertion of mental and physical weakness, the Defendant was found to have been diagnosed by “stimulative disorder, and a man who has symptoms of the existing static military register” at the Mancheon-si Hospital of the Tol University around July 25, 2016, but, in light of the circumstances indicated in the record and the theory of change, such as the background of each of the instant crimes and the Defendant’s actions before and after each of the instant crimes, the Defendant had weak ability to discern things or make decisions due to mental illness.

Therefore, we cannot accept the defendant's above assertion.

B. The fact that the Defendant continues to commit a crime of this case during the period of repeated crime despite having been arrested due to a special intimidation, etc., which has a lot of frequency of crimes (four times of interference with business affairs, one time of special intimidation) of the instant case’s judgment on the unfair argument of sentencing, and that the Defendant committed a crime of interference with each business of this case continuously during the period of repeated crime, is disadvantageous to the Defendant.

However, even though there are many victims due to the occurrence of this case, the fact that the defendant did not agree with the victims to punish the defendant, that the defendant led to the confession of the crime, and that the defendant delayed later, and that each crime of this case appears to have committed each crime of this case in favor of the defendant, and that the defendant who suffered from mental illness is likely to have committed each of the crimes of this case by contingency. In light of these favorable circumstances, the maximum scope of the sentencing guidelines for the defendant's recommendation (specific scope of the sentencing guidelines) is specified.

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