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(영문) 수원지방법원 2017.08.10 2017노3945
업무방해
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant with mental disorder was under the influence of alcohol at the time of the instant crime, and was in a state that there was no or weak mental disorder.

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

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. Determination

A. According to each evidence duly admitted and examined by the lower court regarding the assertion of mental disorder, it is recognized that the Defendant was under the influence of alcohol at the time of committing the instant crime.

However, in light of the circumstances leading to the instant crime, specific method of crime, Defendant’s behavior and attitude expressed before and after the instant crime, and the circumstances after the instant crime, etc., the Defendant had no or weak ability to discern things or make decisions due to drinking at the time of the instant crime.

Therefore, this part of the defendant's assertion is without merit.

B. We also examine the Defendant and the Prosecutor’s argument regarding the wrongful determination of sentencing.

The fact that the defendant recognized the crime of this case and reflects it, that the injured party does not want the punishment of the defendant, and that the family members of the defendant agreed to the guidance of the defendant, and that the defendant's family members want to take the preference, etc. are favorable to the defendant.

Meanwhile, in light of the fact that the time when the Defendant interfered with the duties of the instant VD reduction reduction is considerably more than one hour and 30 minutes, and that the degree of interference with duties is more serious, the previous criminal records including the previous criminal records and other criminal records exceed 20 times, and that the Defendant again committed the instant crime only after the completion of the execution of the sentence sentenced to the same kind of crime, etc., is disadvantageous to the Defendant.

The sentencing conditions shown in the records and arguments of this case, such as the defendant's age, sex, environment, family relationship, motive, and circumstances after the crime.

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