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(영문) 대구지방법원 2013.08.23 2013노1752
업무방해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than five months.

Reasons

1. Summary of grounds for appeal;

A. The Defendant had been suffering from her mental disorder (psychopathic disorder), depression, alcohol dependence, etc. as at the time of the instant charges. At the time of each of the instant charges, the Defendant was in a state of mental disorder or mental disorder under the influence of alcohol.

B. The sentence imposed by the lower court on the Defendant (six months of imprisonment) is too unreasonable.

2. First of all, according to the Defendant’s mental and physical assertion, the records of this case, following the Defendant’s mental and physical disorder, it is reasonable to view that the Defendant was in a state of lacking the ability or decision-making ability to discern things by drinking while under the influence of alcohol, etc., even at the time of each of the facts charged in this case, the Defendant got treated by repeating entering and discharging from the Defendant from around April 1993 to July 201 due to a bipolartic disorder, etc.

3. According to the conclusion, the defendant's argument of mental disability is reasonable, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act without examining the defendant's argument of unfair sentencing, and the following decision is rendered again

Criminal facts

The summary of the facts charged by the court and the summary of the evidence are as stated in the facts constituting the crime of the court below, with the exception of adding “the defendant is drunkly under the circumstances where it is difficult to make appraisal due to stimulative disorder, alcohol ozone, etc., and thus lacks the ability to discern things or make decisions,” which are the same as stated in each corresponding column of the court below.

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