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(영문) 대구지방법원 2015.03.05 2014노4820
사기등
Text

All judgment of the court below shall be reversed.

The defendant is guilty of each crime in the judgment of the court of first instance and the judgment of the court of second instance.

Reasons

1. Summary of grounds for appeal;

A. Defendant (1) The Defendant was in a state of mental disorder or mental disability under the influence of alcohol at the time of each of the instant crimes.

(2) Each sentence sentenced by the court below on unreasonable sentencing (No. 1: imprisonment with prison labor for 4 months and 2: imprisonment for 3 months and fine for 1,00,000) is too unreasonable.

B. The prosecutor’s first instance court’s sentence (four months of imprisonment) is too unhued and unreasonable.

2. Determination

A. We examine ex officio prior to the judgment on the grounds for appeal for ex officio determination.

The first and second original courts (dudugu District Court) sentenced each of the sentencing of 2014 highest 4029, 4611 (combined), 5319 (Joint) and 2014 highest 608 in the previous cases, and sentenced 4 months of imprisonment and 3 months of fine and 1,000,000 won in the subsequent cases.

The defendant filed an appeal in the judgment of the court of first instance, and the court decided to combine the above two appeals cases with one another.

Each of the crimes listed in the judgment of the court of first instance and each of the crimes listed in Articles 2 and 3 of the judgment of the court of second instance shall be sentenced to a single sentence within the scope of the term of punishment subject to aggravated concurrent crimes pursuant to Article 38(1) of the Criminal Act as a relation of concurrent crimes under the former part of Article 3

In this respect, the judgment of the court below against the defendant cannot be exempted from all reversal.

Although there is a ground for ex officio reversal, the above argument of the defendant's mental disorder is still subject to the judgment of this court.

B. According to the records of the judgment on the assertion of mental disorder, in light of the Defendant’s main volume, the background of the crime, the means and method of the crime, the circumstances thereof, etc., the Defendant did not have the ability to see the right and wrong of things or make decisions due to drinking at the

There was no or weak state.

Defendant’s assertion is without merit.

3. If so, the judgment of the court below is based on the above reasons for reversal.

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