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(영문) 청주지방법원 2013.03.22 2012노1175

사기

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant’s assertion 1) The Defendant was under the influence of alcohol at the time of committing the instant crime, and was in the state of mental or physical disability or mental disability due to the aftermath of a traffic accident. 2) The sentence imposed by the lower court of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.

B. The Prosecutor’s assertion that the sentence imposed by the lower court is too uneasible and unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly admitted and examined by the lower court regarding the Defendant’s mental and physical argument, the circumstance is acknowledged, such as that the Defendant had been in a state of drinking to some extent at the time of certain crimes among each of the instant crimes, and that the Defendant got out of legacy due to a few years’ traffic accidents.

However, in light of the statements made by many victims to the effect that the defendant was under the influence of alcohol when he was found to be under the influence of alcohol, and that he later asked for calculation of the drinking value, etc., the defendant's ordinary character and behavior, the circumstances and means of the crime, circumstances after the crime, etc., the defendant did not have the ability to discern things or make decisions due to drinking or the aftermath of traffic accident at the time of each crime in this case.

did not appear to have existed in or weak condition.

Therefore, this part of the defendant's assertion is rejected.

B. The Defendant appears to have an attitude to recognize and reflect all of the instant crimes, and the fact that the victim was a number of persons, but the amount of each damage or total damage was not much much, is favorable to the Defendant, as to the assertion of unfair sentencing by the Defendant and the prosecutor.

On the other hand, the defendant has been punished more than ten times for the same crime, and on February 18, 201, the Seoul Northern District Court sentenced 1 year to imprisonment for the same crime such as the crime of this case at the Seoul Northern District Court on February 18, 201, and immediately after release, again commits the same crime at the Incheon District Court on January 30, 201.