사기등
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. The Defendant had no or weak ability to discern things or make decisions under the influence of alcohol at the time of committing the instant crime.
B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment) is too unreasonable.
2. Determination
A. According to the records on the assertion of mental disorder, even though the defendant was found to have a drinking condition at the time of the crime of this case, in light of various circumstances, such as the course, process, means and method of the crime of this case, and the defendant's speech and behavior before and after the crime of this case, the defendant had no ability to discern things or make decisions due to drinking.
Therefore, this part of the defendant's assertion is without merit.
B. Although there are favorable circumstances, such as the fact that the defendant's mistake is recognized, the amount of fraud is not high, the agreement between the victims and the victim is in a physical disability Grade 3, the defendant has a majority of criminal records of the same kind due to the same number of laws, and there are many criminal records of the defendant during the suspension period of execution of imprisonment, and there are no sufficient criminal records of the crime of this case during the suspension period of execution. The number of the crimes of this case reaches eight times and the number of victims may reach eight times, the court below's punishment is too unreasonable, taking into account the circumstances of the crime of this case, the circumstances after the crime of this case, the defendant's age, character and conduct, and environment, and other various sentencing conditions in the arguments of this case such as the circumstance of the crime of this case, the defendant's age
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.