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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 창원지방법원 2020.02.05 2019노2527
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not interfere with the work of the victims as stated in the facts charged, and had no intention to interfere with the work of the Defendant.

B. At the time of committing each of the instant crimes, the Defendant was in a state of mental disability or mental disability.

C. The lower court’s sentence of unreasonable sentencing (six months of imprisonment) is too unreasonable.

2. Comprehensively taking account of the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, it is reasonable to deem that the defendant committed the act as stated in the facts charged and obstructed the work of the victims, and that the defendant had the intention to interfere with the work so long as he obstructed the work as above.

The motive or circumstance leading to the crime alleged by the defendant is not directly related to the establishment of the above crime.

Therefore, the court below's approval of each crime of interference with business against the defendant is just, and there is no error of misconception of facts by the defendant.

Therefore, the defendant's assertion of mistake is without merit.

3. Determination of the assertion of mental disorder may be recognized that the Defendant was under the influence of alcohol at the time of each of the instant crimes, but in light of the background and method of the crime, the Defendant’s act before and after each of the instant crimes, etc., it is difficult to find that the Defendant lacks the ability to discern things or make decisions at the time of each of the instant crimes, or was in the state of loss.

Therefore, the defendant's mental disorder is without merit.

4. The lower court determined the allegation of unfair sentencing: (a) under favorable circumstances, the Defendant led to the confession and reflect of each of the instant crimes; (b) the victims do not want punishment against the Defendant; and (c) the Defendant’s health status is not good; and (d) has been punished several times for the same type of crimes.

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