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(영문) 제주지방법원 2014.09.18 2014노334
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 was suffering from alcohol dependence, and was under the influence of alcohol, and was in the state of mental disorder or mental disorder.

B. The lower court’s sentence of unreasonable sentencing (two years and six months of imprisonment) is too unreasonable.

2. Determination

A. According to the record as to the assertion of mental and physical disorder, in light of various circumstances, such as the fact that the Defendant received medical treatment from around September 25, 2013 to December 26, 2013 by the AW Hospital as alcohol dependence; and the fact that he was aware that he was drinking at the time of each of the instant crimes, but he was aware that he was aware of the circumstances and result of each of the instant crimes; the circumstances before and after the instant crimes; and the Defendant made a statement that was sufficiently memoryed to the process of some of the instant crimes, the Defendant did not have the ability to discern things by suffering from alcohol dependence, or by drinking.

in such a manner as to be deemed to have been in a weak state.

B. Although there are favorable circumstances for the defendant, such as the fact that the defendant agreed with the victim R, etc. when the party raised an assertion of unfair sentencing, the same kind of crime has been punished several times, and in particular, on October 12, 2012, one year and two months have been sentenced to imprisonment on September 16, 2013 due to a violation of the Punishment of Violences, etc. Act (collectively weapons, etc.), and each of the crimes in this case has been committed several times for five months even during the repeated period after the execution of the sentence was completed on September 16, 2013, and other factors such as the defendant's age, character and behavior, family environment, the background of each of the crimes in this case, and the conditions of sentencing as shown in the arguments in this case, even if considering the factors of sentencing asserted by the defendant, the sentence of the court below cannot be deemed unfair.

3. According to the conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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