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(영문) 서울서부지방법원 2014.04.03 2014노54
사기
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

A. At the time of the instant crime, the Defendant, under the influence of alcohol, was in a state which lacks the ability to discern things and make decisions.

B. The lower court’s sentence of unreasonable sentencing (a.e., a fine of 1.5 million won) is unreasonable.

Judgment

A. According to the records of judgment on the claim of mental retardation, it is recognized that the defendant was in a drunken state at the time of the crime of this case, but in light of various circumstances, such as the background, means, and actions before and after the crime, it cannot be viewed that the defendant had a weak ability to discern things or make decisions. Thus, the above assertion is without merit.

B. Although the Defendant is recognized to have led to the confession of each of the instant crimes and divided, the Defendant again committed the instant crimes during the period of repeated crime even though there are many records of punishment for the same kind of crime, and the Defendant did not recover from damage up to the trial. In full view of all the various sentencing conditions indicated in the records and arguments, including the background of the instant crime, the means and circumstances after the instant crime, etc., the lower court’s sentence against the Defendant cannot be deemed unfair.

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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