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(영문) 서울북부지방법원 2017.09.29 2017노1633
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was physically and mentally deprived or physically weak due to alcohol use disorder, etc.

B. The sentence sentenced by the lower court is too unreasonable.

2. Determination

A. According to the record of the instant case’s determination on the assertion of mental disorder, the Defendant was mitigated from punishment due to mental and physical weakness in the lower court on account of alcohol usage disorder, etc.

In light of the background, means and methods of the instant crime, the circumstances before and after the instant crime, etc., the Defendant was in a state of mental and physical loss further.

shall not be deemed to exist.

The defendant's mental disorder is not accepted.

B. There is no significant change in circumstances to consider the sentencing of the defendant after the judgment of the court below regarding the unfair argument of sentencing.

In light of the facts alleged by the Defendant on the grounds of appeal, the lower court’s sentence cannot be deemed unfair, even if all of the circumstances alleged by the Defendant are considered as grounds of appeal.

We do not accept the defendant's unfair argument of sentencing.

3. 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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