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(영문) 부산지방법원 2012.12.20 2012노3284

사기

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of committing each of the instant crimes, was in the state of mental disorder or mental disorder due to the chronic dynamic disorder and drinking by drinking.

Even if it is not so, the punishment (six months of imprisonment) of the judgment of the court below is too unreasonable.

B. The form of the lower judgment by the Prosecutor is too uneasible.

2. Determination

A. According to the record as to the Defendant’s mental and physical assertion, the Defendant lost a disease, such as stimulative disorder, and even though he was aware that he was drinking at the time of each of the instant crimes, in light of the circumstances leading up to the Defendant’s crime, the means and method of the crime, and the circumstances after the crime, etc., the Defendant did not have the ability to discern things or make decisions due to illness or drinking at the time of each of the instant crimes.

Since it seems that the defendant was in a state or weak condition, the above argument by the defendant is without merit.

B. As to the assertion of unfair sentencing by the Defendant and the prosecutor, the Defendant again committed the instant crime even though he had been under punishment more than 10 times for the same kind of crime, and the Defendant continued to commit the instant crime even while he was prosecuted for some of the instant crimes, and the Defendant committed the instant crime repeatedly over a considerable period of time, as an unfavorable sentencing factor, such as the fact that the Defendant has agreed with most victims, and that the Defendant’s health is very poor, etc., considered as favorable sentencing factors, respectively, and comprehensively taking into account the Defendant’s age, character and behavior, environment, motive and circumstance of the crime, and circumstances before and after the crime, etc., the lower court’s punishment is too heavy or unreasonable.

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act.