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(영문) 의정부지방법원 2014.05.28 2014노533

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of the instant case, the Defendant was in a state of mental and physical disability due to depression, anti-competitive disorder, and unstable disorder.

B. The sentence imposed by the lower court (eight months of imprisonment) is too unreasonable.

2. Determination

A. There is no evidence to acknowledge that the Defendant, at the time of each of the instant crimes, suffered from mental illness, such as depression, depression, and unstable disorder, and the Defendant suffered from such mental illness as above.

Even if the defendant lacks the ability to discern things or make decisions due to mental illness at the time of the above crime, in light of the process, means and methods of the crime, and the behavior of the defendant before and after the crime, etc., the above argument by the defendant is without merit.

B. It is recognized that the Defendant is aware of the following facts: (a) all of the instant crimes were led to the confession of each of the instant crimes; (b) the amount of the instant fraud is not relatively significant; and (c) the Defendant has no record of

However, the defendant has already been punished two times for the same crime, and the crime of this case is committed by forging a private document by using personal information, such as the name and resident registration number of another person who was obtained from personal information solicitation measures, and by using such personal information to obtain a mobile phone from the victims, and thus the nature of the crime is poor. The profits acquired by the crime of this case are equivalent to seven million won, and the profits acquired by the crime of this case are equivalent to seven million won, and the victims agree with the victims up to the trial or did not endeavor to recover the victims from their damage, and other sentencing conditions indicated in the records of this case such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime of this case, etc. are considered, the court below's punishment cannot be justified, and the defendant's above assertion is not reasonable.

3. Conclusion.