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(영문) 서울중앙지방법원 2014.08.28 2014노2305
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant with mental disorder was suffering from a mental disorder that does not have to take a cryp or drink due to cerebral surgery around 2001, and there was no or weak ability to distinguish things at the time of each crime as stated in the holding of the lower judgment.

B. The sentence of one-year imprisonment imposed by the court below on the defendant is too unreasonable.

2. Determination

A. In light of the type of food taken by the defendant, the contents of the statement made by the investigative agency immediately after the crime was committed, etc., the defendant does not seem to have been in a state of lack or lack of the ability to discern things or make decisions due to mental illness at the time of each crime as stated in the judgment of the court below (the defendant first started drinking with money, but comes to each crime as stated in the judgment of the court below due to a cerebral disorder that prevents medication after the commencement of drinking. However, according to the records, even if it is a domestic case, it is recognized that the defendant performed drinking while recognizing that he/she was unable to perform an breathy because he/she was unable to perform an breathy, and this constitutes a case where he/she caused a mental disorder by his/her own, and thus, the defendant's act cannot be exempted from liability due to mental disorder pursuant to Article 10(3) of the Criminal Act. Therefore, this part

B. In full view of the following, the Defendant’s judgment on the assertion of unfair sentencing is based on the following facts: (a) two times of sentence due to the same crime; (b) one time of suspended sentence; (c) multiple fines; (d) the period of repeated crime due to the same crime; and (e) the period from the completion of the execution of detention in the workhouse; and (e) the various conditions of sentencing as indicated in the records and pleadings; and (e) the lower court’s sentence falls under the lower limit of the scope of the recommended sentence based on the sentencing guidelines of the Supreme Court.

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