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(영문) 창원지방법원 2013.12.19 2013노1745
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of each of the instant crimes, was in a state of mental disorder or mental disorder under the influence of alcohol, due to impulse impulse disorder at the time of the instant crimes.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment) is too unreasonable.

2. Determination

A. According to the record on the assertion of mental and physical disorder, even though the defendant was in a state of drinking alcohol at the time of each of the crimes in this case, and suffered liver quality after the opening of the surgery, it is recognized that the defendant had no ability to discern things or make decisions due to shock disorder or drinking at the time of the crime in light of the defendant's average amount of drinking, the background leading up to the crime, the means and methods of the crime, and the circumstances after the crime.

Since it seems that the defendant's mental and physical disability cannot be seen as being or weak, the defendant's argument is without merit.

B. Although the defendant's decision on the assertion of unfair sentencing is recognized to have the intention to commit each of the crimes of this case, the defendant is deemed to have been punished several times by a fine, suspension of execution, and punishment; the defendant committed repeatedly each of the crimes of this case during the same repeated crime period; and the defendant's age, character and behavior, environment, and motive, means and consequence of each of the crimes of this case; and all of the sentencing conditions specified in the records and arguments of this case, including the circumstances after the crime, are considered to be adequate, and thus, it is not recognized that the sentence imposed by the court below is too unreasonable. Thus, the defendant's assertion of unfair sentencing is without merit.

3. In conclusion, the defendant's appeal of this case 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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