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(영문) 인천지방법원 2018.04.04 2018노104
업무방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of each of the instant crimes, the Defendant had no or weak ability to discern things or make decisions due to the existence of his main and alcohol.

B. The sentence sentenced by the court below to the defendant (one hundred months of imprisonment) is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly admitted and examined by the court below as to the assertion of mental and physical disorder, the defendant was deemed to have a drinking fact at the time of each of the crimes of this case, but comprehensively taking account of all the circumstances recorded in the records, such as the background, means and methods of each of the crimes of this case, and the defendant's actions before and after each of the crimes of this case, the defendant had no or weak ability to discern things or make decisions due to the existence of alcohol or alcohol at the time of

It does not seem that it does not appear.

Even if the Defendant had a mental disorder under the influence of alcohol at the time of committing each of the instant crimes

In light of the fact that the Defendant had been punished by committing a crime under the influence of alcohol on several occasions even before each of the crimes in this case, the Defendant predicted the Defendant’s conduct that is likely to commit a crime after drinking, but failed in the state of mental and physical disorder.

As such, the above act by the defendant falls under the so-called "free act in a cause" as provided by Article 10 (3) of the Criminal Act and cannot be reduced by law due to mental and physical disorder.

Therefore, the defendant's mental disorder is without merit.

B. Considering the circumstances asserted by the Defendant on the grounds of appeal, the lower court’s punishment is too unreasonable, even if there is no particular change in objective circumstances to consider the sentencing after the lower court’s judgment on the unfair argument of sentencing, and the various conditions of sentencing as shown in the records and arguments of this case are considered.

3. Thus, the defendant's appeal is correct.

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