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(영문) 제주지방법원 2018.04.12 2018노45
업무방해등
Text

The defendant's appeal is dismissed.

The judgment below

The summary of the evidence is "T." in Part 9.

Reasons

The gist of the defendant's appeal is that the court below did not recognize that the defendant committed each of the crimes of this case in the state of mental disorder under the influence of alcohol. Thus, the court below erred by misunderstanding facts about mental disorder or by misunderstanding legal principles, which affected the conclusion of the judgment, and the court below's sentence (one year and six months of imprisonment) is too unfair.

However, according to the records of this case, at the time of each of the crimes of this case, the defendant had no or weak ability to discern things or make decisions.

Since the defendant's mental and physical argument is not reasonable, and considering various circumstances that are conditions for sentencing as shown in this case, it is not recognized that the sentence imposed by the court below is too unreasonable since the sentence imposed by the defendant is too unreasonable. Thus, the defendant's improper assertion of sentencing is also without merit.

Accordingly, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and the summary of the evidence of the judgment below is "T damage statement" in Article 9 of the Criminal Procedure Act. Since it is clear that the defendant's office is erroneous in the "police's statement of damage toT", it is corrected ex officio in accordance with Article 25 (1) of the Rules on Criminal Procedure.

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