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(영문) 광주지방법원 2015.01.22 2014노2940

사기

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

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

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

2. Determination

A. In light of various circumstances, such as the background, means, and method of the instant crime, the Defendant’s act before and after the instant crime, and the statement to the investigation agency of the Defendant and the victim, which are acknowledged by the evidence duly adopted and examined by the lower court on the assertion of mental and physical disorder, the Defendant appears to have suffered from mental illness, such as inorganic mental disorder, stimulative disorder, and bipolartic disorder at the time of the instant crime. However, the Defendant did not have the ability to discern things or make decisions at the time

Therefore, this part of the defendant's assertion is without merit.

B. The Defendant appears to have recognized and reflected the instant crime, and the amount of damage to the instant crime is relatively small, etc.; however, there are many favorable circumstances, the Defendant has the same criminal power; in particular, on January 24, 2014, the Defendant committed the instant crime even though he/she was sentenced to a suspended sentence of two years for a period of imprisonment with labor for the six months as a crime of fraud, and even if he/she was in the period of suspended execution, he/she committed the instant crime; the victims have not been recovered from damage up to the trial; in full view of the Defendant’s age, character and conduct, environment, background and consequence of the instant crime, and all of the sentencing conditions specified in the instant case, including the circumstances after the instant crime, etc., the Defendant’s above assertion is not reasonable, since it is not recognized that the Defendant’s punishment is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.