(영문) 수원지방법원 2015.05.15 2015노421 | 리걸엔진

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Reasons

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줄 간격

자간(%)

(영문) 수원지방법원 2015.05.15 2015노421

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was under the influence of alcohol at the time of each of the instant crimes, and was in a state of mental disorder or mental disability.

B. The sentence of imprisonment (one year of imprisonment) imposed by the court below on the defendant is too unreasonable.

2. Determination

A. According to the records on the assertion of mental disorder, although the defendant is deemed to have a drinking condition at the time of each of the crimes of this case, in light of the circumstances leading to each of the crimes of this case, 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 drinking at the time of the crime of this case.

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

B. The fact that the Defendant recognized the facts of each of the instant crimes and against whom the judgment on the assertion of unfair sentencing was made is favorable to the Defendant, but the Defendant had been punished several times in the past due to the crimes of fraud, assault, etc., and the Defendant committed each of the instant crimes without being aware of the fact that he/she was sentenced to imprisonment for two years and six months due to special robbery in 2010, and was sentenced to a repeated crime after the execution of the sentence was completed. The Defendant committed each of the instant crimes without being aware of the fact that the nature of each of the instant crimes was defective and the damage was not recovered, and other various circumstances that form the conditions of sentencing indicated in the records, such as the Defendant’s character and behavior, age, family relationship, motive and background of the instant crimes, means and consequence, etc.,

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

참조조문

-형사소송법 제364조 제4항

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