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(영문) 광주지방법원 2020.02.13 2019노3167
업무방해등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The prosecutor’s sentence of the lower court (six months of imprisonment) is too unhued and unreasonable.

B. Defendant 1) From 2015 to 2015, the Defendant was unable to recover from the building with a height of 4 to 5 from the 4th floor. The Defendant was committed the instant crime in a situation where he cannot control himself. (ii) The lower court’s sentence of unfair sentencing is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the defendant's claim of mental disability, the defendant can be found to have a mental disorder, such as recognition disorder, side effects on adaptation, degradation of self-regulation, etc. due to an accident falling from the height of December 5, 2015, which occurred at the time of the crime of this case. However, in light of various circumstances such as the defendant's behavior before and after the crime that can be recognized by the above evidence, it does not seem that the defendant had weak ability or decision-making ability to discern things at the time of the crime.

The defendant's argument of mental disability is without merit.

B. The Defendant had a record of having been punished several times as a single crime, and in particular, the Defendant committed the instant crime during the repeated crime period due to the same crime, etc., which is disadvantageous to the Defendant, but is contrary to the Defendant’s acknowledgement of his mistake, and the Defendant agreed with the victim of the crime of interference with business, and the degree of assault in obstruction of performance of official business is not significant. Other favorable circumstances are favorable, such as the background of the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, environment, etc., and the sentencing guidelines for the enactment of the Criminal Procedure Committee.

1. Scope of applicable sentences under law: Imprisonment with prison labor for one to seven years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime (Interference with Business) (Determination of type) interference with business;

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