(영문) 수원지방법원 2016.04.29 2016노1134 | 리걸엔진

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(영문) 수원지방법원 2016.04.29 2016노1134

사기등

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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 had weak ability to discern things or make decisions under the influence of alcohol among the mentally and physically weak clothes.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 3 million) is too unreasonable.

2. Determination

A. According to the records on the assertion of mental and physical weakness, the defendant was provided with a sporadic spirit and medical treatment due to a recurrence of depression, disability, etc. at the time of each of the crimes of this case, while the defendant is deemed to have drinking at the time of each of the crimes of this case, but in light of the defendant's ordinary amount of drinking, the background leading to the crime, the means and method of the crime, and the circumstances after the crime, etc., it cannot be deemed that the defendant did not have the ability to discern things or make decisions due to drinking, etc. at the time of each of the crimes of this case, and thus, the defendant and his defense counsel'

B. The Defendant committed the same type of crime even before and after having committed the crime without prison labor under the same law more than 10 times, and repeated the same type of crime even if he had been sentenced to a fine, up to the first instance trial, the damage to each of the instant fraudulent crimes was recovered or not agreed with the victims. The Defendant filed a request for a formal trial after having received each summary order of KRW 3,60,000,000 in total of the initial fines, and the court below reduced the fine by 3,00,000,000 won at the court below. In full view of the Defendant’s age, sexual conduct, intelligence and environment, motive, means, method, method, and consequence of the crime, circumstances before and after the crime, and criminal records, etc., the court below’s punishment is too unreasonable. Thus, the Defendant and its defense counsel do not accept the above unfair assertion.

3. In conclusion, the defendant's appeal is without merit and thus, pursuant to Article 364 (4) of the Criminal Procedure Act.

유사 판례

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