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(영문) 의정부지방법원 2020.04.02 2019노3332
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since the Defendant committed a crime in a state of mental disorder or mental disorder, punishment shall be mitigated or exempted.

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

2. Determination

A. In light of the records, the Defendant’s physical and mental disorder (negative), who received the past medical treatment and custody and received medical treatment several times due to alcohol proof, and the fact that he was drunk at the time of a certain crime is recognized, but it cannot be deemed that there was an obstacle to the Defendant’s ability to discern the object and make a decision in light of the method and frequency of the crime, the attitude of statement at the time of arrest, etc.

Therefore, the defendant's assertion on exemption from employment is rejected.

B. Whether the sentencing is excessive (negative), and the circumstances in which the Defendant made efforts to recover from damage, such as the Defendant’s agreement with some victims, may be considered. However, comprehensively taking account of the period and method of the instant crime, and other conditions of sentencing under Article 51 of the Criminal Act, the lower court’s sentencing is acceptable, and there is no unreasonable ground for the Defendant’s assertion.

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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