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(영문) 대전지방법원 2016.02.17 2015노3442
업무방해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. Summary of grounds for appeal;

A. On August 23, 2015, the Defendant was in a mental and physical weak state under the influence of alcohol at the time of committing a crime of interference with one’s own business, interference with the performance of official duties, and injury.

B. The sentence of the lower court’s unfair sentencing (10 months of imprisonment) is too unreasonable.

2. According to the record of the determination on the assertion of mental and physical weakness, even though the Defendant was in a drunken state at the time of committing the crime, such as interference with business on August 23, 2015, the Defendant was deemed to have had the ability to discern things or make decisions under the influence of alcohol, in light of the witness H’s testimony at the trial court and the circumstances or details of the crime that led to each of the above crimes, the Defendant’s attitude, and the circumstances before and after committing the crime.

It is not recognized.

This part of the defendant's assertion is without merit.

3. The fact that the Defendant committed the instant crime even though he/she had been subject to punishment several times as a crime interfering with business affairs, thereby obstructing the performance of official duties by the police officer L who was dispatched after receiving the report, and the liability for the instant crime was not less than six months since he/she was sentenced to suspended sentence due to the same crime, and that the Defendant committed each of the instant crimes since six months have not yet passed since he/she was sentenced to suspended sentence due to the same crime.

However, there are extenuating circumstances, such as the fact that the defendant is deeply divided and reflected in his mistake, that the victim D, H and the original agreement was reached, that the court deposited KRW 2 million for the police officer L in the trial, etc. In addition, considering all kinds of sentencing conditions such as the defendant's age, sex, environment, motive, means and consequence of the crime, the sentence of the court below is somewhat unreasonable.

4. The lower judgment is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is again decided after pleading, on the grounds that the Defendant’s appeal on the grounds of unfair sentencing is well-grounded.

Criminal facts

The judgment of the court below on the facts charged and the summary of evidence recognized by this court.

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