(영문) 춘천지방법원 2014.12.17 2014노772 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 춘천지방법원 2014.12.17 2014노772

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of the instant crime, the Defendant was in a state of mental disability due to the proof of alcohol, etc.

B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment and fine of 500,000 won) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the claim of mental retardation, it is not deemed that the defendant had the ability to discern things or make decisions due to alcohol proof, etc., and thus, the above assertion by the defendant is rejected, in light of various circumstances such as the defendant's symptoms, the degree of drinking at the time of each of the crimes in this case, the circumstances leading the defendant to each of the crimes in this case, the circumstances leading to the crime in this case, the means and methods of the crime, the defendant's behavior before and after the crime in this case, and the circumstances after the crime.

B. Although there are favorable circumstances such as the defendant's wrong recognition of his/her fault and reflects on the assertion of unfair sentencing, the victim C does not want the punishment of the defendant, and the amount of damage is relatively small, these circumstances are considered in the original trial. However, there is no change of circumstances in the situation at the original trial. On the other hand, the defendant has a criminal record of the same kind of fraud including the sentence before and after the final trial, and the defendant has committed the same fraud again during the period of repeated crime due to a similar criminal act under several laws, the defendant does not recover from damage to the victim C, and other various conditions of sentencing as shown in the records, such as the motive and background leading up to the crime in this case, circumstances after the crime, and the defendant's age, health, character, and environment after the crime, are considered to be too unreasonable. Therefore, the above argument by the defendant is without merit.

3. Conclusion.

유사 판례

-대구지방법원 2014.11.27 2014노3328

-부산지방법원 2016.11.24 2016노3521

-춘천지방법원 2014.10.29 2014노572

-광주고등법원 2014.04.10 2014노8

-의정부지방법원 2015.04.08 2015노178