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(영문) 서울중앙지방법원 2014.11.27 2014노3824

사기

Text

The defendant's appeal is dismissed.

Reasons

1. At the time of the instant crime, the Defendant was in a state of mental disorder under the influence of alcohol.

The sentencing of the court below (2 million won of fine) is too unreasonable.

2. According to the records of this case’s judgment on the grounds of appeal, the Defendant was aware of the fact that he was drinking at the time of committing the instant crime, but failed to distinguish things and make decisions in light of various circumstances revealed in the records, such as the background leading to the crime, details of the crime, and the Defendant’s act before and after the crime.

This part of the defendant's assertion is rejected, since it is not recognized that the defendant had reached the above status of absence of such ability.

In full view of the circumstances, including the fact that damage has not been recovered and that the defendant committed the same kind of crime in a short period and repeatedly, this part of the defendant's assertion is not acceptable, since the sentence imposed by the court below is not unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.