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(영문) 서울서부지방법원 2019.05.02 2019노269
업무방해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Reasons

1. The gist of the grounds of appeal asserts that the Defendant was under the influence of drinking at the time of the instant crime, and that the instant crime was committed in a state of mental disorder or mental disorder, on the grounds that the Defendant was under the influence of drinking at the time of the instant crime, and did not memory other than having taken place at the hospital.

2. According to the records of ex officio determination, the court of original judgment shall serve a writ of summons, etc. by public notice pursuant to Article 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings and shall proceed with the deliberation in the state of absence of the defendant and thereby sentenced the defendant four months to imprisonment, and the defendant alleged to the purport that he/she could not participate in the trial as a continuous hospital life in which he/she was hospitalized in the court of original judgment formally finalized, claiming recovery of the right of appeal against the judgment below which became final and conclusive, and the court of original judgment recognized that the defendant was unable to appeal within the appeal period due to any cause not attributable to him/her, and recognized that he/she

Therefore, it is recognized that there is no reason attributable to the defendant due to the failure of the court below to attend the trial proceedings, and there is a reason to request a retrial under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (see, e.g., Supreme Court en banc Decision 2014Do17252, Jun. 25, 2015). Accordingly, the court below was unable to maintain the judgment below as it is, since it had been newly

Nevertheless, the defendant's argument of mental or physical disability is still subject to the judgment of this court.

3. According to the records duly adopted and examined by the court below as to the defendant's defectiveness or mental disability claim, it is recognized that the defendant drank alcohol at the time of committing the crime.

However, in light of the motive, background, means and method of each of the instant crimes as indicated in the record, the act of the accused before and after the crime, etc., the accused is under the influence of alcohol.

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