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(영문) 대구지방법원 2013.08.30 2013노1974
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, while under the influence of alcohol, committed the instant crime under the condition of mental or physical disability or mental disability.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment) is excessively unreasonable.

2. Determination

A. According to the evidence duly admitted and investigated by the court below as to the assertion of misapprehension of legal principles, the defendant was deemed to have a drinking alcohol at the time of the crime of this case, but the defendant had no record of having received treatment due to alcohol addiction. In addition to the circumstances leading to the crime of this case, the defendant did not have the ability to discern things or make decisions due to alcohol alcohol at the time of the crime.

It does not seem that it was either or weak.

B. Although it is deemed that the Defendant’s confession of the crime and the amount of damage was not significant to KRW 650,000,000, the Defendant had a majority of the same criminal records (six times of fine, one suspended sentence, one time of suspended sentence). The Defendant, who was released on May 16, 2013, was sentenced to punishment due to habitual fraud, and was released on May 16, 2013, and thereby, was highly likely to repeat the instant crime, and the Defendant did not recover from damage up to the trial, and the Defendant’s character and conduct, the motive, means and method of the instant crime, and the circumstances after the instant crime, etc. do not deem that the lower court’s punishment is undue, taking account of the following factors.

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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