(영문) 수원지방법원 2018.01.19 2017노4067 | 리걸엔진

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(영문) 수원지방법원 2018.01.19 2017노4067

업무방해등

Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for seven months.

Reasons

1. Reasons for appeal;

A. Defendant (the lower court’s judgment No. 2) was in the state of having no or weak ability to discern things or make decisions under the influence of alcohol at the time of each of the instant crimes.

2) The sentence of the lower court (six months of imprisonment) which is unfair in sentencing is too unreasonable.

B. The prosecutor (as to the judgment of the court of first instance)’s sentence (as to the amount of KRW 4 million) of the court below is too unhued and unreasonable.

2. Determination

A. Upon ex officio determination, this Court held that each appeal case against the judgment of the court below No. 1 and the judgment of the court below No. 2 was consolidated and tried. The following crimes are concurrent crimes under the former part of Article 37 of the Criminal Act where imprisonment with prison labor is selected for the crime of the judgment of the court below No. 1 as to the crime of the judgment of the court below No. 2 and the judgment of the court below No. 2. The combined crimes are concurrent crimes under the former part of Article 37 of the Criminal Act. Thus, the judgment of the court below cannot

However, the defendant's argument about mental disorder among the grounds for appeal is still subject to the judgment of this court, despite the above reasons for reversal of authority.

B. According to the evidence duly admitted and examined in the lower court’s judgment as to the assertion of mental disorder among the grounds for appeal, it is acknowledged that the Defendant was under the influence of alcohol at the time of each crime under the judgment of the second instance, but in light of the aforementioned evidence’s course, process, means and method, and the situation after the crime, etc., the Defendant was under the influence of alcohol at the time of each of the above crimes.

As such, the defendant's assertion is without merit.

3. According to the conclusion, the defendant's mental and physical assertion is without merit, but the judgment of the court below is without merit, and there is a ground for reversal of the above authority. Thus, the judgment of the court below is based on Article 364 (2) of the Criminal Procedure Act, without omitting judgment

참조조문

-형법 제38조 제1항

유사 판례

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