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(영문) 대구지방법원 2017.11.03 2017노3704
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, who argued mental and physical weakness, was in a state of mental and physical weakness under the influence of alcohol at the time of each crime.

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

2. Determination

A. According to the records on the assertion of mental and physical weakness, even though the defendant was in a drunken state at the time of each of the crimes in this case, the defendant was found to have lacking the ability or decision-making ability to discern things or make decisions in light of the contents and methods of the crime, the circumstances after each of the crimes, etc.

does not appear.

Therefore, the defendant's assertion is not accepted.

B. Determination of the unfair argument of sentencing was made by the Defendant to the effect that all of the crimes of this case were led to the confessions and reflects of all of the crimes of this case, the victim F and the intent that he would not want the punishment against the Defendant was expressed, and that the defrauded amount was a small amount of fraud, etc., but the Defendant had been punished several times for the same crime. On July 16, 2015, the Defendant was sentenced to imprisonment with prison labor for two years for the crime of damaging the property of this case, and the execution of the sentence was completed. On July 16, 2015, the Defendant was sentenced to imprisonment with prison labor for two years for the crime of destroying the property of this case, and the other crimes of this case are also committed during the period of repeated crime, and considering all of the sentencing conditions of this case such as the Defendant’s age, sex, environment, motive, means and consequence of the crime, the Defendant’s motive and consequence of the crime and the circumstances after the crime, the Defendant’s assertion is unreasonable.

3. Accordingly, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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