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(영문) 서울북부지방법원 2019.09.06 2019노975
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Despite the lack of the ability to discern things or make decisions under the influence of alcohol at the time of the instant case, the lower court erred by misapprehending the ability.

B. The sentence imposed by the lower court (one year of imprisonment) is too unreasonable.

2. The appellate brief submitted by the Defendant to this court only asserted “unjustifiableness in form, misunderstanding of legal principles, and mental and physical disability”, and even during the first trial of the party, the court below revoked the legal principles among the grounds for appeal, and stated that the part concerning the special obstruction of performance of official duties of this case denied by the court below is recognized once

Therefore, the Defendant stated that once again on the second day of the trial of the trial, the Defendant did not recognize this part of the facts charged by asserting that the police did not have been hospitalized with the police as to the part of the special obstruction of performance of official duties of this case.

However, this cannot be a legitimate ground for appeal because it is asserted after the legitimate ground for appeal submission agency was dismissed.

According to the records on the claim of mental disability, the defendant may be found to have been under the influence of drinking alcohol at the time of the instant case, but in light of various circumstances such as the background, method and method of the instant crime, and the behavior of the defendant before and after the instant crime, which are legally adopted and investigated by the evidence by the court below, it is not deemed that the defendant had weak ability to discern things or make decisions at the time of the crime, and thus, the above assertion by the defendant is

B. The fact that the defendant recognized the obstruction of business among the crimes in this case, and the victim of the obstruction of business did not want to be punished against the defendant, and that the surrounding people want to take the action against the defendant.

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