(영문) 서울남부지방법원 2018.03.22 2017노2478

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(영문) 서울남부지방법원 2018.03.22 2017노2478

업무방해등

Text

The defendant's appeal is dismissed.

Reasons

1. The lower court dismissed the prosecution against the Defendant regarding the charge of assault, among the facts charged against the Defendant, and sentenced him to the remainder of the facts charged.

On the other hand, the appeal was filed against the remainder except the part of dismissal of prosecution only by the defendant.

The judgment below

Since the part of dismissal of public prosecution becomes final and conclusive separately from the length of appeal, the scope of adjudication of this court shall be limited to the remainder except the part of dismissal of public prosecution among judgment below

2. Summary of reasons for appeal;

A. In a state where the accused lacks the ability to discern things or make decisions, he/she committed a crime on August 16, 2017.

B. In light of the fact that the illegal defendant found his mistake and reflects his depth, the crime committed on August 16, 2017 was a contingent crime by drinking alcohol, agreed with the victims of interference with the performance of official duties, and several times with the police officers suffering from interference with the performance of official duties, the damage caused by each of the of the of the of the of the of the instant crimes was not significant, and the defendant's social relation is obvious, etc., the punishment imposed by the court below (eight months) is too unreasonable.

3. Determination

A. According to the records on the assertion of mental and physical weakness, it is recognized that the Defendant was drinking at the time when he was unable to commit the crime of interference with duties and official duties on August 16, 2017, but in light of the background of the crime, the method and method of the crime, and the circumstances after the crime, etc., it is not deemed that the Defendant did not have the ability to discern things or make decisions around the time when he committed the crime as above.

B. As to the determination of the unfair argument of sentencing, the Defendant appears to repent of his/her mistake by submitting a number of rebuttals, etc. after being detained, the Defendant would not repeat the same mistake.

It is true that the family members of the defendant agree with the victims of interference with the work during the trial of the court below.

유사 판례

-서울남부지방법원 2017.12.07 2017노1823

-부산고등법원 2018.06.27 2018노77

-서울남부지방법원 2018.10.25 2018노1380

-서울남부지방법원 2017.11.06 2016노2573

-제주지방법원 2018.02.08 2017노733