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(영문) 서울남부지방법원 2019.09.05 2019노1199
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime with mental disorder, the Defendant was in a state of mental disorder by drinking alcohol.

B. The sentence imposed by the lower court (five months of imprisonment) is too unreasonable.

2. In light of the Defendant’s speech and behavior or the circumstances before and after the instant crime, which was acknowledged by the record as to the assertion of mental and physical disorder, the Defendant did not appear to have lost or weak ability to discern things and make decisions at the time, and thus, the Defendant’s assertion of mental and physical disorder is rejected.

3. In full view of the following factors: (a) even if the Defendant’s judgment on the assertion of unfair sentencing is against his/her own crime and the victim’s consent and considers the circumstances that the Defendant does not want the Defendant’s punishment, the Defendant was punished several times for the same kind of crime; (b) the Defendant committed the instant crime without being aware of the fact that he/she was committed even during the repeated period, such as the same kind of crime; (c) no special circumstances or changes in circumstances exist to reflect the sentencing after the sentence of the lower judgment; and and (d) other factors of sentencing that appear in the instant records and arguments, such as the Defendant’s age, character, character, and environment, the lower court’

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

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