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(영문) 청주지방법원 2018.12.20 2018노1080
업무방해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

1. Summary of grounds for appeal;

A. At the time of each of the instant crimes, the Defendant had mental and physical weakness due to mental illness such as alcohol addiction or depression.

B. The sentence of the lower court (one year and six months of imprisonment) against an unfair defendant in sentencing is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below, the defendant could have been drunk at the time of each of the crimes of this case. However, considering the circumstances leading to each of the crimes of this case, attitude and statement after each of the crimes of this case, the defendant committed each of the crimes of this case in a state where the defendant lacks the ability to discern things or make decisions.

It is not visible.

Therefore, the defendant's argument of mental and physical weakness cannot be accepted.

B. The Defendant’s unfavorable circumstances are as follows in determining the unfair argument of sentencing.

The Defendant had a record of criminal punishment several times due to the same crime in the past, and in particular, on August 9, 2016, sentenced eight months to imprisonment with prison labor by the Daejeon District Court for the crime of extortion, etc., and committed each of the crimes in this case indiscreetly in spite of the completion of the enforcement of the sentence on February 7, 2017.

In the case of the crime of interference with self-operation, injury, and obstruction of the performance of official duties on August 30, 2018, the victims were punished by the defendant because they did not reach an agreement with the victims.

The conditions favorable to the defendant shall be as follows:

The Defendant is against the principle of good faith when making a confession of all of the crimes of this case.

In the case of the damage of the instant property and the crime of interference with one’s own business on August 10, 2017, the victims are not punished by the defendant, and the amount of alcohol concentration in the blood of the defendant is over 0.086% at the time of driving the instant drinking, and its numerical value is relatively low.

B. In the case of crimes committed by A, who committed the instant injury and interference with the performance of official duties.

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