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(영문) 의정부지방법원 2018.01.08 2017노351
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant committed the instant crime under the state of mental disorder under the influence of alcohol.

B. The sentence of the lower court’s unfair sentencing (one million won in penalty) is too unreasonable.

2. Determination

A. At the time of the instant case’s determination as to the assertion of mental and physical disorder, the Defendant was in a state that the Defendant had no or weak ability to discern things or make decisions at the time of the instant crime, in light of the circumstances acknowledged by the evidence duly adopted and investigated by the lower court, the method and method of the crime, and the Defendant’s act before and after the instant crime.

It does not appear.

Therefore, this part of the defendant's argument is without merit.

B. In light of the fact that the Defendant committed the instantless crime even though he/she had been punished several times due to the same type of crime, and other various conditions of sentencing recorded in the record, such as the background of the crime, the circumstances after the crime, the Defendant’s age, and sexual conduct, even if considering the circumstances agreed with the victim, the lower court’s punishment is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.

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