(영문) 대전지방법원 2015.01.28 2014노3462 | 리걸엔진

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(영문) 대전지방법원 2015.01.28 2014노3462

업무방해등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Reasons

1. Summary of grounds for appeal (mental disorder and unreasonable sentencing)

A. The Defendant, at the time of committing the instant crime, was in a state of mental disorder or mental disorder.

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

2. Determination

A. According to the records on the assertion of mental and physical disorder, even though the defendant was found to have committed each of the crimes in this case under drinking, considering the circumstances before and after the commission of the crime in this case, the circumstances leading to the crime in this case, and the defendant's behavior at the time of committing the crime in this case, it cannot be deemed that the defendant was in a state that he did not have or lacks the ability to discern things or make decisions due to drinking, and therefore, the defendant's mental and physical disorder argument is without merit

B. On December 24, 2013, each of the instant crimes is considered to be disadvantageous circumstances such as: (a) the Defendant was sentenced to imprisonment with prison labor for 10 months or a fine of 600,000 won on the ground of the crime of obstruction of duties, damage to property, and violence; (b) assaulting a police officer who investigated the circumstances of the instant crime; and (c) the Defendant committed the instant crime during the period of repeated crime immediately after release, without being aware of the completion of the execution of the sentence on August 11, 2014; and (d) the Defendant was sentenced to imprisonment with prison labor for 10 months or a fine of 60,000 won on December 24, 2013; and (e) the Defendant again committed the instant crime during the period of repeated crime immediately after release.

However, the defendant led to a contingent crime after drinking alcohol due to mental impulses, which led to the confession of each of the crimes in this case and reflects his mistake, and the defendant agreed to the victim of the crime of obstruction of business and damage of property in the court below.

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