(영문) 청주지방법원 2016.03.24 2016노21 | 리걸엔진

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자간(%)

(영문) 청주지방법원 2016.03.24 2016노21

일반교통방해등

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant committed each of the instant crimes under the condition of physical and mental loss or mental weakness under the influence of alcohol by a mental and physical disorder.

B. The sentence of the lower court’s improper sentencing (eight months of imprisonment) is too unreasonable.

2. Determination

A. We examine the argument about mental and physical disorder. The defendant's argument about mental and physical disorder is asserted only after the deadline for submitting an appeal, and it is not a legitimate ground for appeal. Thus, this part of the defendant's argument is not accepted ( even if ex officio examination is conducted, it is recognized that the defendant had drinking prior to each of the crimes in this case, but in light of the background, means and methods of the crime in this case, actions before and after the crime in this case, etc., the defendant is deemed to have committed each of the crimes in this case under the influence of shocking and violent behavior, and it does not appear that the defendant did not have the ability to discern things or make decisions under the influence of alcohol and violent behavior, and does not have reached a weak or weak state.

The defendant is divided into each of the crimes in this case, and the defendant will continue to receive technical treatment in the future.

There are many things.

The defendant agreed with the victim of the crime of business obstruction and general traffic obstruction, and the victim's degree of damage is not significant.

Circumstances unfavorable to the defendant are as follows:

The defendant committed a crime against a good nearby residents, and the police officer dispatched upon receipt of a report also committed a assault.

Prior to each of the crimes of this case, the Defendant was sentenced to criminal punishment on several occasions for violence-related crimes, and in particular, on October 16, 2013, one year of imprisonment and two years of suspended execution were sentenced. Some of the crimes of this case committed during suspended execution.

The remainder of crimes of interference with business and general traffic obstruction, excluding victims.

유사 판례

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