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(영문) 춘천지방법원 2016.06.09 2016노288
업무방해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Of the facts charged in the instant case, insult is acquitted.

Reasons

1. Summary of grounds for appeal;

A. The Defendant asserted mental disorder had mental and physical weakness at the time of committing each of the instant crimes.

B. The lower court’s punishment (4 months of imprisonment) is too unreasonable.

2. According to the records on the Defendant’s assertion of mental disorder, it may be recognized that the Defendant was under the influence of alcohol at the time of each of the crimes in this case, but the Defendant was under the influence of alcohol and lacks the ability to discern things and make decisions.

Inasmuch as the Defendant’s assertion is not visible, it is not acceptable to accept the Defendant’s assertion ( even if the Defendant’s assertion was physically and physically in a state.

Even in light of the fact that the Defendant was punished several times in the state of drinking prior to the instant case, it is reasonable to view that the Defendant constitutes Article 10(3) of the Criminal Act. 3. Determination ex officio on March 1, 2007 by the lower court determined that the offense of insult was established with respect to the facts charged that the Defendant expressed the victim police officers sent out after receiving 112 a report by voice in a public place, and subsequently, found the Defendant guilty of interference with the instant duties, assault, and insult, and sentenced the Defendant for four months of imprisonment.

However, the judgment of the court below which found the defendant guilty of insult is erroneous in the misunderstanding of legal principles and misunderstanding of facts, which affected the conclusion of the judgment.

A. On January 1, 2015, from around 09:00 to around 09:30 of the same day, the Defendant interfered with restaurant business at the “E” restaurant located in Yeongdeungpo-gu Seoul Metropolitan Government, and was reported to 112, and was asked the victim G, who is the seat captain belonging to the Fdistrict of the Yeongdeungpo-gu Police Station, which was called out to the said restaurant, to check it. While there are the business owners of the said restaurant and its nameless customers, the Defendant expressed the victim at a large interest. The Defendant expressed the victim’s desire to “nick the young pele.m. young son, who is not a bitch bitch.”

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