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(영문) 의정부지방법원 2019.03.14 2018노759 (1)
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since the Defendant committed a crime in a state of mental disorder or mental disorder, punishment shall be mitigated or exempted.

(b) Sentencing (a fine of three million won is imposed);

2. Determination

A. Whether the Defendant was physically and mentally handicapped (negative), and the fact that the Defendant was under the influence of alcohol at the time of committing the crime is recognized, but it cannot be determined that the Defendant was detrimental to the Defendant’s ability to distinguish things or make decisions.

Therefore, the defendant's assertion on exemption from employment is rejected.

B. Whether the sentence is heavy (negative) (1) The lower court determined the sentence by comprehensively taking into account the following circumstances and the matters stipulated in Article 51 of the Criminal Act. A person under confinement: (2) Confession, recovery of damage, etc.; and (3) the grounds for unfair sentencing alleged by the Defendant are already considered in determining the sentence; and (4) the lower court’s sentence determined thereunder is appropriate within the discretionary scope.

In addition, there is no reason to judge that the sentencing conditions have changed in the trial.

Therefore, the defendant's assertion of unfair sentencing is not accepted.

3. 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.

(On the other hand, the defendant's request for the appointment of state appointed defense counsel was dismissed in accordance with Article 8 (1) of the established rules on state appointed defense counsel by examining the extent and progress of the case.

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