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(영문) 부산지방법원 2015.01.23 2014노3932
사기
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental disorder or mental disability due to the sobane, etc. at the time of each of the instant crimes.

B. The punishment sentenced by each court below on the defendant (the first instance court's imprisonment: one year and six months, and the second instance court's imprisonment: four months) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant's ex officio, the case of this court 2014No3932, which is the appeal case against the judgment of the court of first instance, and the case of this court 2014No4578, which is the appeal case against the judgment of the court of second instance, was consolidated in the oral proceedings of the court of first instance. Each of the offenses committed by the judgment of the court below are concurrent crimes under the former part of Article 37 of the Criminal Act, and all of the offenses committed by the judgment of the court below are subject to a single sentence within the scope of aggravated punishment in accordance with Article 38(1) of the Criminal Act. Thus

However, even though there are the above reasons for ex officio reversal in the judgment below, the defendant's defectiveness or mental disability claim is still subject to the judgment of this court, and this will be examined.

3. According to the record of the determination of mental or physical disability or mental disability, in light of the background, means and method of each of the crimes of this case, circumstances after the crime, etc., the defendant was under the influence of alcohol at the time of each of the crimes of this case, or did not have the ability to discern things or make decisions due to other mental diseases and disorders

Since it seems that the defendant did not have reached a state or weak, the above argument by the defendant is without merit.

4. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining all the judgment of the court below on the defendant's allegation of unfair sentencing, on the ground of the above reasons for reversal of authority, and it is again decided as follows

Criminal facts

The summary of the evidence and facts constituting each crime recognized by the court.

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