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(영문) 수원지방법원 2018.12.14 2018노5460

사기등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eleven months.

Reasons

1. Summary of grounds for appeal;

A. At the time of each of the instant crimes, the Defendant was physically and mentally in a state of mental disorder due to mental illness, such as both polar disorder and alcohol alcohol.

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

2. Determination

A. According to the evidence duly adopted and examined by the lower court regarding the assertion of mental disorder, the fact that the Defendant was receiving medical treatment due to the polar disorder and the existence of alcohol, etc. is recognized.

However, according to the above evidence, in light of the circumstance where the defendant committed each of the crimes of this case, the behavior of the defendant before and after the commission of the crime, the attitude of the defendant's statement at the time of investigation by the investigative agency, the defendant's medical history and criminal records, and the family environment, even though the defendant was diagnosed with the physical disorder at the time of this case and received medical treatment, it was very serious that the defendant had the ability to discern things or make decisions.

It is difficult to see it.

Therefore, we cannot accept the defendant's above assertion.

B. The Defendant has committed each of the instant crimes during the period of repeated crimes of the same kind, and committed a crime in light of the circumstances, contents, frequency, etc. of the crime.

The defendant has been punished for the same kind of crime, and some victims have not been able to pay for the damages.

However, the Defendant made a confession of all of the crimes of this case and made a repayment of damages.

The defendant was unaware of infinite family environment, and the economic situation is not good.

Before the trial, the Defendant agreed with the victim D, F, H,O, Q, and most of all, it was confirmed in the first instance that the Defendant paid damages (85 million won) to the N side of the defrauded and agreed to do so.

(c)the age, sex, environment, motive for the commission of the offence and the circumstances after the commission of the offence, including the above circumstances;