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(영문) 서울남부지방법원 2016.09.30 2016노1269
업무방해등
Text

All appeals by the defendant are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant had mental and physical loss or mental weakness under the influence of alcohol at the time of committing each of the instant crimes.

The sentence sentenced by the first instance court in the sentencing sentence (eight months of imprisonment) is too unreasonable.

B. The second instance court found the Defendant guilty on the ground that the lower court did not have any attitude of misunderstanding the facts, i.e., misunderstanding fire officers or drinking fire officers, and did not have any act of walking the ambulances, etc., but did not have any act of walking the ambulances. The lower court erred by misapprehending the facts, thereby affecting the conclusion of the judgment.

The sentence sentenced to the second second instance of the sentencing (2.5 million won) is too unreasonable.

2. Although this Court held the judgment of the court below jointly with the judgment of the court below Nos. 1 and 2, each of the crimes in the judgment of the court below does not constitute a concurrent crime under the former part of Article 37 of the Criminal Act, and thus, it is unnecessary to determine a single sentence (only the crime of obstructing the performance of official duties in the judgment of the court below No. 2 is a concurrent crime with the crime of obstructing the performance of official duties in the judgment of the court below No. 37 after August 13, 2015 against the defendant). Such consolidated

shall not be deemed to exist.

A. In light of the circumstances leading up to each of the instant crimes, the following circumstances, means and methods, Defendant’s speech and behavior at the time of each of the instant crimes, where the Defendant had no or weak ability to discern things or make decisions due to drinking at the time of the instant crimes.

It does not seem that it does not appear.

Even if the Defendant was under the influence of alcohol, he was physically and mentally weak at the time of committing each of the instant crimes.

In light of the fact that the Defendant had been punished for committing a crime related to violence under the influence of alcohol on several occasions even before the instant crime was committed, the Defendant predicted the risk of the crime of violence, etc. that may occur after drinking, and was in a state of mental and physical weakness.

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