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(영문) 서울남부지방법원 2015.07.09 2015노605
상습사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant was under the influence of alcohol at the time of each of the instant crimes, and the mental disorder was lacking in the ability to discern things from or make decisions with the symptoms of mental fission, the lower court’s failure to recognize the Defendant’s mental disorder is unlawful.

B. In light of the fact that the defendant recognized all of the crimes of this case and against the defendant, and the health of the defendant is not good, the punishment imposed by the court below (one year and two months of imprisonment) is too unreasonable.

2. Comprehensively taking into account the circumstances leading to each of the instant crimes acknowledged by evidence duly admitted and examined by the lower court and the lower court, the means and methods of committing the instant crimes, the Defendant’s speech and behavior before and after the commission of the crime, the circumstances after the commission of the crime, and the circumstances where the Defendant received treatment with mental fissionage and alcohol existence, etc., the fact that at the time of each of the instant crimes, the Defendant was in a state of lacking ability to discern things or make decisions because his ability to judge is deteriorated due to drinking or alcohol existence.

Therefore, the defendant's argument of mental disability is justified.

(B) On March 3, 200, the defendant's argument of mental or physical disability is justified. Thus, without examining the defendant's argument of unfair sentencing, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and this decision is again decided as follows.

[C] The facts constituting an offense and the summary of evidence acknowledged by the court below and the summary of the evidence are cited in accordance with Article 369 of the Criminal Procedure Act, except where the court below's judgment " February 25, 2013" as " February 15, 2013." on the last page of the court below's judgment is the same as the corresponding column of the court below's judgment.

Application of Statutes

1. The point of fraud under Article 351 of the Criminal Act and Articles 351 and 347 (1) of the Criminal Act concerning criminal facts;

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