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(영문) 서울남부지방법원 2013.03.28 2012노2001
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not commit a crime of obstruction of performance of official duties, obstruction of performance of official duties, or insult as stated in each of the facts charged of this case.

Nevertheless, the court below found the defendant guilty of each of the facts charged in this case, and there is an error of law by misunderstanding the facts and affecting the conclusion of the judgment.

B. The Defendant was in a state of mental disorder under the influence of alcohol at the time of committing the instant crime, and the judgment of the court below erred by neglecting this and affecting the conclusion of the judgment.

C. The sentence imposed by the court below on the defendant (three million won of fine) is too unreasonable.

2. Determination on the grounds for appeal

A. In light of the record, the examination of the evidence duly adopted and examined by the court below as to the assertion of mistake of fact can be sufficiently recognized in light of the defendant's business obstruction, obstruction of performance of official duties, and insult as stated in the judgment of the court below.

In the same purport, the decision of the court below that found the defendant guilty of each of the charges of this case is correct, and there is no error of mistake of facts as argued by the

Therefore, this part of the defendant's argument is without merit.

B. Reviewing the determination on the assertion of mental disorder, the record reveals that the Defendant was aware of drinking alcohol at the time of committing the instant crime, but did not have the ability to discern things or make decisions at the time of committing the instant crime in light of various circumstances indicated in the record, such as the background and method of the instant crime, the content of the crime, and the Defendant’s act before and after the instant crime.

It is not recognized that the above person has reached the state of absence of such ability.

Therefore, this part of the defendant's assertion is without merit.

C. We examine the decision on the assertion of unfair sentencing, and the defendant's mistake has not been properly divided, and this is the case.

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