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(영문) 서울남부지방법원 2015.03.13 2014노1250
사기
Text

The defendant's appeal is dismissed.

Reasons

The gist of the grounds for appeal of this case is that the punishment of KRW 1,00,000 imposed by the court below is too unreasonable in light of the following circumstances: (a) the defendant was in a state of mental disorder under the influence of alcohol at the time of committing the crime of this case; (b) the defendant was in a state of mental disorder; and (c) the defendant was

First of all, according to the records, the defendant was found to have a drinking fact at the time of the crime of this case, but in light of the circumstances leading to the crime, the means and method of the crime, and other circumstances after the crime, etc., the defendant did not have the ability to discern things or make decisions due to drinking at the time of the crime of this case.

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

Next, considering the circumstances such as the argument of unfair sentencing, the acquisition by deceit of this case was not significant to 18,00 won, and the confession of the defendant, even if the defendant had been punished more than 20 times and there are many kinds of records of punishment for the same crime among them, and considering all the sentencing conditions specified in the argument of this case including the defendant's age, character and conduct and environment, the court below's punishment is too unreasonable. Thus, this part of the defendant's assertion is without merit.

Therefore, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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