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(영문) 대전지방법원 2015.11.12 2015노2003
업무방해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental disability under the influence of alcohol at the time of each of the instant crimes.

B. The sentence of unfair sentencing (one year and six months of imprisonment) by the court below is too unreasonable.

2. Determination

A. According to the records on the determination of mental and physical disability, it is not recognized that the Defendant was in a state of drinking alcohol at the time of each of the instant crimes, but, in light of the circumstances leading to each of the instant crimes, the details of the crime, the attitude of the Defendant, and the circumstances before and after the instant crimes, etc., it is not recognized that the Defendant had the ability to discern things or make decisions under the influence

This part of the defendant's assertion is without merit.

B. The crime of interference with the business of this case committed under the influence of alcohol by force in or near the place of business of the victims, and forming a socially strict penalty atmosphere in relation to the seriousness of damage by the so-called “bomb” crime. The Defendant committed each of the crimes of this case without being aware of during the period of repeated offense even though he had had had had been punished several times, including a number of criminal records, violence, and criminal records related to fraud, and the Defendant committed each of the crimes of this case, and the Defendant had shown a behavior of disturbing the disturbance at the place of business or public place repeatedly under the influence of alcohol, and it appears that the victims were suffered significant damage, and that the Defendant did not agree with all the victims.

However, there are extenuating circumstances, such as the fact that the defendant generally reflects his mistake, the defendant's age, character and conduct, environment, etc. when it comes to the trial, the defendant did not want the punishment of the defendant by agreement with L/J, the fact that the defendant is dead while being tried in the state of detention, and there is a birth that is not good enough to support the defendant.

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