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(영문) 수원지방법원 2012.10.18 2012노3712
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of each of the instant crimes, the Defendant, who claimed mental disorder, was under the influence of alcohol, and had no or weak ability to discern things and make decisions.

B. The lower court’s sentence on the ground of unreasonable sentencing (three million won of fine) is too unreasonable.

2. Determination

A. According to the record as to the assertion of mental disorder, it is recognized that the Defendant was in a state of drinking significant quantity at the time of each of the instant crimes, but comprehensively takes account of the circumstances leading up to each of the instant crimes, the Defendant’s speech and behavior appearing before and after the instant crimes, the Defendant’s statement attitude at the time of investigation immediately after the arrest, and the response, etc., it is not recognized that the Defendant was under the influence of alcohol so as to have no or weak ability to discern things or make decisions.

Therefore, the defendant's above mental disorder is without merit.

B. In full view of all the factors of sentencing, including the fact that the Defendant had been sentenced to a number of punishments, such as a fine twice for the same crime, five times a punishment for the same crime, and that no agreement has been reached with the victim until the trial was held, the lower court’s sentence is too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is without merit.

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

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