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(영문) 서울남부지방법원 2016.06.23 2015노2017
사기
Text

All judgment of the court below shall be reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall be imposed on the defendant.

Reasons

1. Summary of grounds for appeal;

A. At the time of each of the instant crimes, the Defendant had the ability to discern things or make decisions by drinking alcohol at the time of each of the instant crimes.

B. The Defendant’s wrongful assertion of sentencing is likely to impose a fine on the recipients of basic living costs in many cases.

When a fine is reduced, it shall be paid in depth.

2. Determination

A. The judgment of the court below was rendered ex officio, and the defendant filed each appeal against the defendant. This court decided to hold a joint hearing of each appeal case.

Each crime of the judgment below against the defendant is one of the concurrent crimes with the crime for which the judgment of the first head of the judgment of the second instance became final and each ex post facto concurrent crimes, and one of the concurrent crimes under the former part of Article 37 of the Criminal Act should be sentenced pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained as it is.

However, the defendant's argument about mental disorder is still subject to the judgment of this court, despite the above reasons for reversal of authority.

B. According to the evidence duly adopted and examined by the court below, the defendant is deemed to have a drinking condition at the time of each of the crimes of this case, but in light of the circumstances leading to each of the crimes of this case, the method and method of the crime, and the circumstances after the crime, etc., it is not determined that the defendant has a lack or weak ability to discern things or make decisions. Thus, the argument of mental or physical disorder is without merit.

2) Even if the Defendant had a mental disorder at the time of committing each of the instant crimes

Even in light of the Defendant’s drinking habits and criminal records, it was predicted in advance that the Defendant could block the crime under the influence of alcohol and that the Defendant was placed in a state of mental and physical disorder by drinking.

Therefore, the defendant's above-mentioned person.

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