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(영문) 수원지방법원 2019.08.22 2019노2865
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the crime, the Defendant was in a state of mental suffering suffering from mental illness accompanied by a summons.

B. The lower court’s imprisonment (one year and six months of imprisonment) against the Defendant is too unreasonable.

2. Determination

A. In light of the background, means and method of the instant crime, frequency and period of the crime, circumstances after the crime, etc. acknowledged by the evidence duly adopted and examined by the lower court, it does not seem that the Defendant had the ability to discern things or make decisions due to mental or physical disorder at the time of the crime.

Therefore, the defendant's above assertion is without merit.

B. In a case where there is no change in the conditions of sentencing compared to the first instance court’s judgment on the assertion of unfair sentencing, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In light of the foregoing legal doctrine, the circumstances alleged by the Defendant on the grounds of unfair sentencing are deemed to have already been reflected in the sentencing of the lower court. Moreover, there is no change in the conditions of sentencing compared with the lower court on the grounds that new sentencing materials have not been submitted in the trial.

In addition, comprehensively taking account of the following circumstances, including the Defendant’s age, character and conduct, environment, motive and background of the offense, means and consequence, circumstances after the offense, and records of the offense, etc., the sentencing of the lower court cannot be deemed unfair because it goes beyond the reasonable scope of discretion.

Therefore, the defendant's assertion of unfair sentencing is without merit.

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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