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(영문) 대구지방법원 2019.06.20 2019노1276
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of each of the instant crimes, the Defendant suffered from mental illness such as sternal illness, etc., and was in the state of mental disorder or mental disorder.

B. The lower court’s sentencing (one year of imprisonment, a fine of 300,000 won) is too unreasonable.

2. Determination

A. In light of the background leading up to the Defendant’s crime, the means and method thereof, the Defendant’s attitude and behavior before and after the commission of each of the instant crimes, and the circumstances after the commission of each of the instant crimes, even though the fact that the Defendant was suffering from mental illness, such as tidal illness, at the time of the commission of each of the instant crimes, it cannot be deemed that the Defendant did not have the ability to discern things or make decisions.

B. On June 26, 2018, the Defendant was sentenced to a fine for larceny, and the Defendant committed each of the instant crimes during the suspension of execution, even though he/she was sentenced to a suspended sentence of one year of imprisonment with labor for special larceny, etc.

Until the trial, they did not agree with the victims.

In full view of the following circumstances, including the Defendant’s age, character and conduct, environment, family relationship, motive, background, means and consequence of the crime, etc., and the fact that there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the crime, the lower court’s sentencing is not unfair.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is groundless.

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