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(영문) 서울남부지방법원 2016.03.18 2016노43
업무방해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

1. Summary of grounds for appeal;

A. (1) The Defendant had mental and physical loss or mental weakness at the time of each of the instant crimes, where the Defendant was unable to cover the exempted amount (stroke m) due to stroke, and was in a state of mental and physical loss or mental weakness until drinking.

B. The sentence (one year and two months) sentenced by the court below is too unreasonable, in consideration of the fact that the defendant's error, the defendant's error, the fact that some victims are not subject to the punishment of the defendant, and the criminal records of the defendant are too much punished by a fine.

B. Prosecutor: The sentence that the court below sentenced unfairly in sentencing is too uneasible and unfair.

2. Determination

A. In light of the background, means, and method of each of the instant crimes, the time of each of the instant crimes, the circumstances thereafter, and the Defendant’s speech and behavior, etc., whether the Defendant was in a state that, at the time of each of the instant crimes, the Defendant was in the absence or lack of the ability to discern things or make decisions due to taking clothes and drinking.

It does not appear.

Even if the Defendant was in a state of mental and physical weakness at the time of committing each of the instant crimes under the influence of medicine or alcohol.

Even prior to the occurrence of each of the instant crimes, the Defendant had been punished for committing violent crimes under the influence of alcohol on several occasions, and committed a crime more than seven times even if only each of the instant crimes was committed, and accordingly, the Defendant predicted the risk of committing violent crimes, etc., which may occur after water exemption or drinking, and even if having predicted such risk, the Defendant was placed in a state of mental and physical weakness.

Therefore, the above act by the defendant as above constitutes a so-called "free act in the cause" under Article 10 (3) of the Criminal Act, and thus, the mental and physical weakness cannot be mitigated.

Therefore, the defendant's mental disorder is not accepted.

B. All the circumstances in which the defendant asserts that the prosecutor and the defendant's argument of sentencing are unfair.

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