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(영문) 춘천지방법원 강릉지원 2017.06.08 2017노72
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of grounds for appeal (misunderstanding of facts, mental or physical disorder, and improper sentencing);

A. The Defendant merely saw the victim as a mixed-level language, but did not exercise the influence on the victims, and did not interfere with the victims’ work.

B. The Defendant suffered from alcohol addiction, depression, etc., and at the time of each of the instant crimes, the Defendant was in a state of mental and physical loss or mental weakness under the influence of alcohol.

(c)

The sentence of the lower court (one year of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below including the victim's statement as to the assertion of mistake of facts, it is recognized that the defendant acted for the victim to take a large interest as stated in the facts charged in the instant case and take a bath.

In light of the fact that these actions were conducted in front of victims or other customers, ② the extent to which other people can easily hear, ③ the fact that at least ten minutes have continued, it cannot be viewed as a mixed-level, and it is evident that some words and behavior were conducted directly by the victims.

According to the above circumstances, even though the defendant expressed a desire like a mixed-level, it constitutes a threat of force as an action to suppress the victims' free will, which led to the occurrence of a risk of interference with business.

It is reasonable to view it.

The above assertion by the defendant is without merit.

B. As to the assertion of mental disorder, the defendant suffers from alcohol alcohol pain or depression, and it is recognized that the defendant had drinking alcohol at the time of the crime of this case.

However, in full view of the circumstances of the crime, the means and method of the crime, the behavior of the defendant before and after the crime, the circumstances after the crime, etc., there was no or weak ability to discern things or make decisions.

shall not be deemed to exist.

(c)

As to the unfair argument of sentencing, the defendant does not reflect, most of the damages have not been recovered, and is caused by violent crimes.

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