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(영문) 춘천지방법원 2015.10.14 2015노660
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was in a state of mental and physical disability or mental health disorder.

B. The sentence of unfair sentencing (eight months of imprisonment) by the lower court is too unreasonable.

2. Determination

A. In full view of the following: (a) acknowledged by the evidence duly adopted and examined by the lower court as to the assertion of mental and physical disorder; (b) comprehensively taking account of the background leading up to the instant crime; (c) the means and method of the crime; (d) the Defendant’s act before and after the crime; and (e) the circumstances after the crime, even though the Defendant was found to have a drinking condition, he was unable

Since it seems that the defendant was in a state or weak condition, the above assertion by the defendant is rejected.

B. In light of the following: (a) the Defendant has a criminal record of multiple times including the Defendant’s past record of sentence due to the same crime; (b) the Defendant’s first crime committed the instant crime only within one month after the completion of the sentence of imprisonment due to the same crime; and (c) the Defendant’s motive and background leading up to the instant crime; and (d) the Defendant’s age, character and conduct after the commission of the instant crime; and (e) taking into account various factors of sentencing indicated in the record, such as the Defendant’s age, character and environment after the commission of the instant crime, even if agreed with some victims, the Defendant’

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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