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(영문) 서울북부지방법원 2017.06.02 2017노699
사기등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant with mental or physical disorder was under the influence of alcohol at the time of committing the instant crime.

2) The sentence sentenced by the lower court is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination

A. In light of the background leading up to the instant crime, the means and methods of the crime, and the circumstances before and after the instant crime, etc., the Defendant had no or weak ability to discern things or make decisions at the time of the instant crime.

shall not be deemed to exist.

The defendant's mental disorder is not accepted.

B. There is no significant change in circumstances to consider the sentencing of the defendant after the judgment of the court below regarding the unfair argument of sentencing by the defendant and the prosecutor.

In light of the overall circumstances asserted by the Defendant and the Prosecutor on the grounds of appeal, the lower court’s punishment is unreasonable or unreasonable, even if it is deemed that the circumstances alleged by the Defendant and the Prosecutor are considered as grounds of appeal.

We do not accept the argument that the sentencing of the defendant and the prosecutor is unfair.

3. In conclusion, all appeals filed by the defendant and the prosecutor pursuant to Article 364(4) of the Criminal Procedure Act are dismissed. It is so decided as per Disposition.

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