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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2015.12.11 2015노6065
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental disability under the influence of alcohol at the time of each of the instant crimes.

B. The sentence imposed by the lower court on the Defendant (six months of imprisonment) is too unreasonable.

2. Determination

A. As to the claim of mental disability, the defendant suffers from the sacrificing sack for alcohol use, and the fact of drinking at the time of each of the crimes of this case is stable, but considering the defendant's usual drinking volume, the background, means and method of each of the crimes of this case, the defendant's behavior before and after the crime, and the circumstances after the crime, etc., it does not seem that the defendant had the ability to discern things or make decisions due to drinking at the time of each of the crimes of this case, and therefore, the defendant's argument of mental or physical disability is

B. The Defendant’s determination on the assertion of unfair sentencing is favorable to the Defendant, such as the confession and rebuttal of each of the instant crimes, and the health of the physically handicapped class 5.

However, even though the defendant had been sentenced two times to a fine due to the crime of interference with business, there is a high possibility of criticism in that he went to each of the instant crimes even though he had been sentenced to a fine, and committed several crimes at a restaurant, marina, and hospital in a short period, and the emergency room of a hospital has obstructed first aid by taking care of emergency medical technicians, such as taking a bath to emergency medical technicians and exposing arms, etc. In the emergency room of the hospital, the crime is not good, and the emergency room of the hospital might have interfered with the duty to rescue emergency patients, and the risk of recidivism may have been significantly high in light of the criminal tendency after drinking by the defendant, and the risk of recidivism seems to have been high, and the defendant's character and behavior, age, family relationship, motive, means and consequence of the crime, and other various circumstances, including the circumstances after the crime, are imposed on the defendant.

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