(영문) 대구지방법원 2014.11.14 2014노3406 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2014.11.14 2014노3406

업무방해등

Text

The defendant's appeal is dismissed.

Reasons

1. The abstract of grounds for appeal (mental disorder and unreasonable sentencing)

A. The Defendant with mental disorder was under the influence of alcohol and committed the instant crime under the state of mental disability.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment) is too unreasonable.

2. Determination

A. According to the record as to the assertion of mental and physical disorder, even though the Defendant committed the instant crime under drinking, in light of the Defendant’s reputation, the background and process of the crime, means and method, and the Defendant’s behavior before and after the crime, etc., it cannot be deemed that the Defendant was in a state of lacking the ability or decision-making ability to discern things under the influence of alcohol at the time of the crime. Even if the Defendant was in such state, the Defendant fell under a person who predicted danger and caused a mental and physical disorder by drinking alcohol, and thus, Article 10(2) of the Criminal Act does not apply to the instant act by the Defendant. Thus, the Defendant’s assertion is without merit

B. As to the assertion on unfair sentencing, it is recognized that the Defendant’s confession of the instant crime and reflects the mistake, the Defendant agreed with the victims in the first instance, the degree of damage to each of the instant crimes is not limited, and the Defendant’s living with daily labor, and the economic situation is not good, such as supporting his parents while maintaining their livelihood.

However, the crime of this case is not good, the defendant committed the crime of this case in addition to about 30,000 weeks after being sentenced to the suspended sentence after being sentenced to a judgment of the suspended sentence due to the crime of interference with business, and without being aware of the fact that the defendant was sentenced to the suspended sentence despite the fact that he was sentenced to the suspended sentence, there was a record of punishment due to several violent crimes (7 times of fine and two times of suspended sentence) and there was a record of punishment for the crime of interference with business as well as a record of punishment for the crime of interference with business once, and there is concern that the defendant might repeat the crime

참조조문

-형법 제10조 제2항

유사 판례

-대구지방법원 2014.10.24 2014노1291

-수원지방법원 2015.11.27 2015노5594

-서울동부지방법원 2014.11.28 2014노1348

-의정부지방법원 2015.12.01 2015노2452

-울산지방법원 2015.05.08 2015노41