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(영문) 울산지방법원 2017.09.22 2017노775
업무방해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. Summary of grounds for appeal;

A. At the time of each of the instant crimes, the Defendant was in a state of mental and physical weakness due to mental illness, such as drinking and alcohol dependence, and depression disorder.

B. The sentence of the lower court against the Defendant (eight months of imprisonment) is too unreasonable.

2. The following circumstances, which can be recognized by the evidence duly adopted and investigated by the court below, are deemed to have frequently diceed, namely, the Defendant: (a) even at the time of each of the instant crimes, the Defendant was unable to completely associate with the current situation and the circumstances of the instant case by drinking alcohol; (b) the Defendant was a mentally disabled person of grade 3; (c) has been suffering from alcohol dependence for a long time; (d) the symptoms have deteriorated; and (e) continued to be diagnosed on April 13, 2017 due to repeated disorder in around 204; and (e) according to the self-check document issued by the Defendant on April 13, 2017, the Defendant “The Defendant shows symptoms, such as depression, pins, pins, pins, pins, impulses, dynamics, repeats, and attempted suicide that occurred on a regular basis, and the period of at least one year’s surgery and the need for mental observation in the future.

In light of the following facts: (a) there is a statement stating the purport that “The Defendant has been recognized as a criminal act under the mental and physical weakness for the same symptoms in the instant case, such as interference with other similar duties in 2014 and 2016, and the circumstance that the above symptoms have been improved or improved is not discovered; and (b) the circumstances leading to each of the above crimes; (c) the specific means and methods of the crime; and (d) the Defendant’s behavior and circumstances before and after the crime were committed, the Defendant was in a state of lacking the ability to distinguish things or make decisions due to mental illness, such as drinking and alcohol dependence upon each of the above crimes; and (e) repeated disorder.

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