(영문) 부산지방법원 2013.03.22 2013노259 | 리걸엔진

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(영문) 부산지방법원 2013.03.22 2013노259

업무방해등

Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. Summary of grounds for appeal;

A. The Defendant (the first instance judgment) suffered from mental illness such as alcohol addiction, glusium, and lusium, etc. prior to the instant case’s mental disorder. At the time of each of the instant offenses, the Defendant was in the state of loss of or weak ability to distinguish things and make decisions under the influence of alcohol at the time of such mental illness and alcohol. 2) The sentence of 10 months sentenced by the first instance court of unfair sentencing is too unreasonable.

B. The prosecutor (the first and second court's judgment: imprisonment with prison labor for 10 months, and 2 months) sentenced by each court below (the first court's judgment: imprisonment with prison labor for 10 months, and 2 months) is too unhued and unfair.

2. Prior to the judgment on the grounds for appeal by the Defendant and the Prosecutor, the case No. 2013No259 of this Court, which is the appeal case against the judgment of the court of first instance, and the case No. 2013No589 of this Court, which is the appeal case against the judgment of the court of second instance, was consolidated in the oral proceedings of the court of second instance. Each crime of the judgment of the court below No. 1 and No. 2, in relation to concurrent crimes under the former part of Article 37 of the Criminal Act, shall be sentenced to a single sentence within the scope of the term of punishment for aggravated concurrent crimes pursuant to Article 38(1) of the Criminal Act. Thus

(However, even if there is a reason to reverse ex officio as above, the defendant's mental and physical disorder still is subject to the judgment of this court, and this is also examined). 3. According to the records of this case's judgment as to the defendant's mental and physical disorder, the defendant seems to have a mental problem due to alcohol addiction, etc., and it is recognized that the defendant in the state of drinking at

However, in full view of the following: (a) the Defendant’s amount of drinking alcohol and the amount of reputation; (b) the background and method of each of the instant crimes; and (c) the Defendant’s speech and attitude before and after the commission of the crime; and (d) such partial disability as at the time of each of the instant crimes as stated in

참조조문

-형법 제38조 제1항

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