(영문) 부산지방법원 2015.04.30 2015노608 | 리걸엔진

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(영문) 부산지방법원 2015.04.30 2015노608

업무방해등

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10 million.

A fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was under the influence of alcohol at the time of committing the instant crime, and the Defendant was in a state that lacks the ability to distinguish things and make decisions.

B. The lower court’s sentencing (six months of imprisonment) is too unreasonable.

2. Determination on the grounds for appeal

A. According to the records of this case as to the claim of mental disability, it is recognized that the defendant was in a state of drinking at the time of the crime of this case.

However, in full view of the following: (a) the Defendant did not seem to have had the ability to discern things or make decisions due to drinking at the time of committing the instant crime; and (b) the Defendant’s assertion above is rejected, given that the Defendant did not seem to have lost the ability to discern things or make decisions due to drinking at the time of committing the instant crime.

B. Although the defendant had had previously been sentenced to a punishment for a crime of this case before the judgment on the assertion of unfair sentencing, he committed the crime of this case within the period of repeated crime, and committed assault to the police officer dispatched by the defendant after receiving a report as a crime of interference with business, and the defendant's attitude was not good after the arrest as a flagrant offender, etc., which is unfavorable to the defendant, or the defendant's mistake is in depth after recognizing all the crimes of this case. The defendant has no record of punishment for the same kind before, the defendant had no record of punishment for the same kind of crime, the head of the hospital who had interfered with business, and the victim D, which had a family member to support the crime of this case, and other various circumstances, which are the sentencing conditions specified in the records and arguments of this case, such as the motive and circumstance of the crime of this case, the circumstance after the crime, the defendant's age, character and behavior, and environment, etc., are considered to be somewhat inappropriate.

3. As the defendant's appeal on the argument of unfair sentencing is well-grounded, Article 364 (6) of the Criminal Procedure Act is reasonable.

참조조문

-형사소송법 제364조 제6항

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