beta
(영문) 창원지방법원 2018.06.21 2018노912

사문서위조등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant committed each of the instant crimes in a state of mental and physical weakness due to drinking, uneasiness, depression, depression, etc.

2) Improper sentencing

B. Prosecution’s improper sentencing

2. Determination

A. In full view of the following facts: (a) the Defendant’s mental and physical weakness assertion as to the Defendant’s mental and physical disorder, method and content of the crime, and the conduct before and after the crime, it is not deemed that the Defendant had reached a crime under the circumstances where the right and wrong

The defendant's assertion that he was in a state of mental and physical weakness at the time of each crime of this case is rejected.

B. Even if the defendant and the prosecutor consider the circumstances that are favorable for each of the grounds of appeal regarding each of the unfair arguments on sentencing, the lower court appears to have determined the punishment within a reasonable scope, taking full account of the overall circumstances regarding sentencing.

B. There are no special circumstances or changes in circumstances to change the sentencing of the lower court after the lower judgment.

All the arguments of the defendant and the prosecutor that the sentencing of the court below is unfair are not accepted.

3. The appeal filed by the Defendant and the prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.