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(영문) 서울남부지방법원 2018.04.26 2018노216

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The gist of grounds for appeal (the defendant's mental or physical loss, mental or physical weak and the sentencing inappropriate);

A. The Defendant, who has lost mental or physical loss or mental disorder, committed the instant crime under the condition of mental or physical loss or mental weakness.

B. Sentencing: (a) the Defendant: (b) recognized all of the instant offenses; (c) committed the instant offenses; (d) committed the instant offenses; (c) committed the instant offenses; (d) committed the death of the victims; and (e) made efforts to recover damage; and (e) the Defendant provided the instant offenses; and (e) did not commit the same mistakes even in order to support the mother of the Trade Union and Labor Relations Commission.

In light of the fact that the court below's sentence (10 months of imprisonment) is too unreasonable.

2. Determination

A. In light of the developments leading up to each of the instant crimes, the means and methods of the crime, and the circumstances after the crime, etc. acknowledged by the evidence duly adopted and examined by the lower court, it is not deemed that the Defendant did not have or lacks the ability to discern things at the time of preventing each of the instant crimes, and that the Defendant did not have or lacks the ability to make a decision.

Therefore, the defendant's mental and physical loss or mental weakness cannot be accepted.

B. The following facts are the circumstances favorable to the defendant: (a) the defendant recognized the crime from the prosecution to the trial of the court; and (b) the defendant, after being detained, appears to have changed the prosecution, the court below, and the court below to the late.

However, the Defendant committed a crime with no type of crime and related crimes during the period of repeated crime, and arrested as an existing offender, and continued to commit similar crimes even after being investigated by the police, and the nature of such crimes is heavy and bad.

In addition, there have been 20 criminal records from the defendant, and there are many criminal records in the same kind, and the defendant has recently been a number of criminal records in 2015 and 2016.