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(영문) 인천지방법원 2014.11.28 2014노3448
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental disability under the influence of alcohol at the time of committing the instant crime.

B. The lower court’s sentence of unreasonable sentencing (fine 2,00,000) is too unreasonable.

2. According to the records of judgment on the claim of mental disability, it is found that the defendant was aware that he had drinking alcohol at the time of the crime in this case, but in light of the background of the crime in this case, the means and method of the crime in this case, and the circumstances before and after the crime, etc., it does not seem that the defendant had the ability to discern things or make decisions. Thus, the defendant'

3. The fact that the amount of damage on the assertion of unfair sentencing is a small amount; the fact that the instant crime is concurrent crimes with the assault crime finalized on August 14, 2014 and the latter part of Article 37 of the Criminal Act, and that it is necessary to determine a punishment in consideration of equity with the case where a judgment is rendered simultaneously under Article 39(1) of the Criminal Act, etc. is favorable to

However, considering the fact that the defendant has been sentenced several times of punishment due to the same kind of crime, and other various sentencing conditions as shown in the records and arguments, such as the age and behavior environment of the defendant and the circumstances before and after the crime, it cannot be deemed that the sentence of the court below is too unreasonable.

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

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