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(영문) 수원지방법원 2018.08.27 2018노3367

사기

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of committing the instant crime, was physically and mentally weak due to the existence of alcohol.

B. The sentence of the lower court’s unfair sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. The lower court also argued to the same effect as the grounds for appeal. In light of the background, content, means and result of the instant crime, the circumstances before and after the instant crime, etc., the Defendant was in a mental and physical weak condition at the time of the instant crime.

Therefore, we affirm the judgment of the court below that rejected the above grounds for appeal.

The defendant's mental and physical weak argument is without merit.

B. Although there are favorable circumstances for the defendant, such as the fact that the defendant had an attitude of recognizing and opposing the defendant's wrong determination of the unfair argument of sentencing, the defendant was committed again in two weeks after having been sentenced to imprisonment for the same kind of fraud, such as the defendant's appearance, etc. under the state of the principal offender, and the defendant also committed the crime of this case at least two weeks after having been released from the prison after having been sentenced for the same crime. In addition, in addition to the circumstances unfavorable to the defendant, such as the fact that there is no change of circumstances to mitigate the sentence of the court below at the trial, the fact that there is no other change of circumstances to mitigate the sentence of the court below at the trial, and that there is no other defendant's age, sex, environment, motive and circumstance of the crime, means and consequence of the crime, and circumstances after the crime, etc., the court below's punishment is judged to be appropriate, and it cannot be deemed unfair because it is too unreasonable.

There is no reason to believe that the sentencing of the defendant is unfair.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.