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(영문) 수원지방법원 2018.06.29 2018노2079
사기등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Defendant 1 committed each of the instant crimes in a state with weak mental and physical disorder due to ADHD, tidal illness, etc. in Grade 3 of intellectual disability.

At night, at the time of the theft of a structure at night, it was drunk.

2) The lower court’s sentence (2017 senior group 1278 senior group 2017 senior group 1278 senior group 1458 senior group 2017 senior group 2017 senior group 4 months) against an unfair defendant is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too uneasible and unreasonable.

2. Determination

A. In light of the following circumstances revealed by the evidence duly adopted and examined by the lower court regarding the Defendant’s assertion of mental and physical weakness, the following circumstances, and the background, means and methods of each of the instant crimes, the Defendant’s behavior before and after the commission of the crime, the attitude of the Defendant’s statement to the investigative agency, and the contents thereof, the Defendant was in a state of lacking ability to discern things or make decisions due to mental illness or under the influence of alcohol.

It does not seem that it does not appear.

Therefore, this part of the defendant's argument is without merit.

(1) The defendant's intellectual disability

There is no evidence to prove that there is suffering from mental illness, such as ADD and Cho the current disease.

There is no evidence to prove that the Defendant was drinking at the time of committing the crime of larceny upon the night structure of this case. In light of the following circumstances, the Defendant was under the influence of alcohol.

It does not seem that it does not appear.

B. According to the statement made by the Defendant’s investigative agency, the Defendant was aware of the overall structure of the instant fraud crime, and was also aware that it is illegal.

In addition, the police officer under investigation was asked about who is the informant of this case.

Referencely, the Defendant retired the documents received from the victims after the crime of this case was committed, and it seems to have been necessary to destroy evidence.

x) The Defendant is dead in the course of committing the instant attempted fraud.

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