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(영문) 대구지방법원 2017.11.03 2017노3820
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of the instant crime, the Defendant was in a state of mental and physical weakness which lacks the ability to discern things or make decisions under the influence of alcohol.

B. The punishment sentenced by the lower court (one hundred months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below regarding the assertion of mental and physical weakness, it is deemed that the defendant had drank alcohol to a certain extent at the time of the crime of this case, but in full view of various circumstances, such as the background of the crime of this case, the details of the crime, and the defendant's behavior before and after the crime of this case, it cannot be deemed that the defendant did not have the ability to discern things or make decisions, and therefore, the above assertion by the defendant

B. In full view of all the circumstances revealed in the records and arguments of this case, including the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, circumstance after the crime, etc., the sentence imposed by the court below is too too unreasonable, and thus, the defendant's assertion is groundless, since the defendant's punishment imposed by the court below is too unreasonable, in light of the following: (a) the defendant committed the crime of this case without being aware of it during the period of repeated crime due to the same crime; (b) the defendant has a record of criminal punishment several times for the same kind of crime using similar veterinary methods; (c) the damage was not recovered; and (d)

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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