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(영문) 서울북부지방법원 2015.06.18 2015노280
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of preventing the instant crime, the Defendant was suffering from mental illness and alcohol dependence at the time of the instant crime, and was in a state of mental disorder or mental disorder by drinking.

B. The lower court’s sentence (two million won of fine) imposed on the Defendant is too unreasonable.

2. Determination

A. According to the records of mental and physical disorder, since April 7, 2008, the defendant was hospitalized in the U.S. P. P. C. and alcohol dependent symptoms for several times, and the defendant committed the crime of this case under drinking. However, in light of the circumstances before and after the crime of this case, the circumstances leading to the crime of this case, the defendant's behavior at the time of committing the crime of this case, etc., it cannot be deemed that the defendant was in a state of loss or lack of ability to discern things due to the following reasons: the defendant's mental disorder, alcohol dependence symptoms, and alcohol symptoms at the time of stopping the crime of this case; thus, the defendant's assertion of mental and physical disorder is without merit.

B. Although the defendant's error of unfair sentencing is recognized, the defendant suffers from US decentralization mental colonies, alcohol dependence, etc., and it seems that living conditions are very difficult as the basic living cost is maintained. While the court below agreed with the victim C, the defendant has already been punished by imprisonment with prison labor, imprisonment with prison labor, suspension of execution and fine for several times, and considering the above circumstances of the defendant, the court below seems to have already sentenced to a fine of two million won which has already been reduced by a fine of three million won under the summary order, and the defendant's motive and background leading up to the crime in this case, circumstances before and after the crime, the defendant's age, character and behavior, and personality and behavior.

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