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(영문) 서울중앙지방법원 2012.12.27 2012노3677
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant of mental and physical disorder committed an unlawful act that affected the conclusion of the judgment by neglecting the judgment of the court below although he had the mental and physical disorder at the time of each of the instant crimes.

B. The sentence (one million won of fine) imposed by the lower court is too unreasonable.

2. Determination on the grounds for appeal

A. In light of the records, even though the defendant was in a state of drinking alcohol at the time of each of the crimes of this case, in light of various circumstances indicated in the records, such as the background of each of the crimes of this case, the details of each of the crimes, and the defendant's act before and after each of the crimes of this case, the defendant had no ability to distinguish things and make decisions at the time of each of the crimes.

This part of the defendant's assertion is without merit, since it is not recognized to have reached the above status of absence of such ability.

B. In light of the argument on unfair sentencing, the defendant is the first offender and has no record of criminal punishment in the past, the defendant shows an attitude of reflecting his mistake in lieu of the crime, and the victim of the crime of interference with business expressed his intention not to punish the defendant to an investigation agency. However, there are other circumstances to consider. On the other hand, the defendant, without any justifiable reason, interfered with another person's business by force in the manner of drinking alcohol, harming the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the crime, and interfered with the legitimate execution of official duties by assaulting the police officer dispatched after receiving the report. This act of the defendant is not only good in itself, but also it is not easy that the degree of violence used during each crime is also somewhat weak, and all damage to each crime is not recovered.

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