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(영문) 수원지방법원 2013.08.14 2013노2754
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal

A. The Defendant was in a state of mental disability under the influence of alcohol at the time of each of the instant crimes.

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

2. Determination

A. Comprehensively taking account of the evidence duly admitted and examined by the trial court as to the claim of mental disability, the defendant is deemed to have served alcohol at the time of each of the crimes in this case, but on the other hand, considering all circumstances such as the circumstance leading to each of the crimes in this case, the method and method of the crime, and the defendant's specific behavior attitude before and after the crime in this case, it cannot be deemed that the defendant did not have reached a state where the defendant's ability to discern things or make decisions at the time of each of the crimes in this case, and thus,

B. Although the amount of damage in this case’s assertion of unfair sentencing does not exceed a large amount, the Defendant appears to have committed the instant crime without any reflection even though he had committed a large number ofless frauds. Furthermore, the instant crime was committed at the time when three months passed after the execution of imprisonment was completed, and other factors of sentencing specified in the records and arguments of the instant case, including the Defendant’s age, character and conduct, home environment, and circumstances before and after the commission of the instant crime, are considered, and it does not appear that the lower court’s imprisonment (four months of imprisonment) is reasonable and unreasonable.

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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