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(영문) 대구지방법원 2016.01.22 2015노4696
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing each of the instant crimes with mental disorder, the Defendant was in a state of mental and physical loss or mental weakness by drinking alcohol.

B. The punishment sentenced by the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. According to the records of this case as to the assertion of mental disorder, even though the defendant was in a drunken state at the time of each of the crimes in this case, considering such circumstances, the defendant cannot be deemed to have reached a state where the defendant was unable to discern things or make decisions at the time of each of the crimes in this case, in light of the circumstances such as the background of each of the crimes in this case, the means and methods of the crimes in this case, the attitude and behavior of the above defendant before and after the crimes, and the circumstances after the crime.

In addition, even if the defendant had a mental disorder at the time,

In light of the fact that the Defendant had been punished by using violence or obstructing the performance of official duties even before committing the above crime, and that the Defendant had expressed violent inclinations at the time of his/her withdrawal of his/her usual alcohol, it is deemed that the Defendant was in a mental and physical state of the Defendant’s own mental and physical disorder by predicting in advance the risk of work that may occur under the influence of alcohol and obstructing the performance of official duties. Thus, the above act by the Defendant cannot be said to constitute a free act in the so-called cause under Article 10(3) of the Criminal Act.

Therefore, the defendant's mental disorder cannot be accepted.

B. We examine the determination of the unfair argument of sentencing, and consider the defendant, such as the fact that the defendant recognized each of the facts charged in this case and the fact that each of the suspension of execution as stated in the first head of the judgment of the court below may be invalidated or revoked due to the crime in this case, but on the other hand, the defendant, who has been punished several times for the same crime, has a record of being committed in 20

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