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(영문) 수원지방법원 2015.10.07 2015노4455
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

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

B. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.

2. Determination

A. According to the records of the judgment on the assertion of mental and physical disorder, although the defendant is deemed to have a certain degree of drinking at the time of each of the crimes of this case, the defendant did not have the ability to discern things or make decisions due to drinking, in light of the circumstances leading to each of the crimes of this case, the means and methods of the crimes of this case, and the circumstances after the crime.

Since it seems that the defendant was in a state or weak condition, the above argument by the defendant is without merit.

B. The Defendant’s confessions and reflects each of the instant crimes, and the fact that each of the damages was not significant is favorable to the Defendant.

However, in light of the fact that each of the crimes of this case committed during the period of repeated crime of the same kind, which is a small amount of fraud, the victims have not recovered from damage, and other various circumstances, which are the conditions for sentencing specified in the records and arguments of this case, such as the records and arguments of this case, are extremely large in number of criminal records, and the punishment of the defendant is too unreasonable.

3. In conclusion, the defendant's appeal 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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