(영문) 부산지방법원 2014.09.25 2014노2755 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2014.09.25 2014노2755

사기

Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

A. At the time of the instant crime, the Defendant had weak ability to discern things or make decisions due to the personality disorder.

B. Unless otherwise specified, the lower court’s sentencing (one year and six months of imprisonment and fine of three million won) is too unreasonable.

Judgment

A. According to the record as to the claim of mental disability, it is recognized that the defendant had a personality disorder at the time of the crime of this case, but in light of the circumstances leading to the crime of this case, the defendant's attitude before and after the crime of this case, and the speech and behavior, etc., it is not deemed that the defendant had a weak ability to discern things or make decisions at the time of the crime of this case. Thus, this part

B. In light of the circumstances favorable to the Defendant, the fact that the Defendant made a confession of all of the instant crimes, and the amount of damage of each of the instant crimes is relatively small, etc., the number of crimes in favor of the Defendant is the majority, and the Defendant did not reach an agreement with the victims up to the trial. The Defendant had a total of 32 times, including that he was punished 16 times prior to the instant crimes. In particular, the Defendant committed the instant crime without being aware of the motive and circumstance of the instant crime, circumstances after the instant crime, Defendant’s age, character and conduct, and environment, which are the conditions for sentencing specified in the instant records and arguments, in light of the following circumstances: (a) the Defendant was sentenced to imprisonment for the same kind of crime; and (b) the Defendant committed the instant crime without being aware of it during the period of repeated offense; and (c) the lower court’s sentencing is too unreasonable

In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is groundless. It is so decided as per Disposition

참조조문

-형사소송법 제364조 제4항

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