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(영문) 대전지방법원 2018.05.24 2017노3048
사문서위조등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was in a state of mental or physical loss or mental weakness due to mental disorder, etc.

B. The sentence of the lower court’s improper sentencing (2 million won) is too unreasonable.

2. Determination

A. In light of the circumstances such as the background leading up to the instant crime, the means and method of the crime, the process of the crime, and the Defendant’s behavior before and after the crime, it is not deemed that the Defendant had no or weak ability to discern things due to mental disorder, visual disorder, etc., and thus, the above assertion by the Defendant is rejected.

B. As to the wrongful assertion of sentencing, the lower court determined the punishment within a reasonable scope by fully taking into account all the circumstances regarding the sentencing of the Defendant, and there is no circumstance to be newly considered in the trial at the same time. Therefore, even considering the circumstances asserted by the Defendant on the grounds of appeal, the lower court’s punishment is too unreasonable and unreasonable.

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

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