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(영문) 대전지방법원 2017.11.23 2017노2782
사기등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant was in a state of mental or physical weakness or loss at the time of committing the instant crime.

2) Each sentence (No. 1: imprisonment with prison labor for 8 months and 2 months: imprisonment with prison labor for 4 months) that the lower court sentenced to unfair sentencing against the Defendant is too unreasonable.

B. Each sentence imposed by the prosecutor by the court below on the defendant is too unhued and unreasonable.

2. Each of the appeals filed against the judgment below and this Court decided to hold concurrent hearings. Each of the offenses committed by the judgment below against the defendant is related to concurrent offenses under the former part of Article 37 of the Criminal Act, and a sentence should be imposed within the scope of the term of punishment increased by concurrent offenses in accordance with Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained any more.

However, the defendant's argument about mental disorder is still subject to the judgment of this court.

3. According to the records on the Defendant’s assertion of mental and physical disorder, the Defendant received medical treatment from around 2009 due to alcohol symptoms, etc., and was found to have been in a state of drinking at the time of the instant crime, but considering the background of the instant crime, method of the crime, the Defendant’s behavior before and after the instant crime, etc., it does not seem that the Defendant did not have the ability or decision-making ability to discern things due to the fact or lack of ability, and thus, the Defendant’s mental and physical disorder argument cannot be accepted.

4. If so, the judgment of the court below is reversed on the ground that there is a ground for reversal of the above authority. Thus, the judgment below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant and the prosecutor's unfair argument of sentencing, and it is again decided as follows through the pleading.

【Re-written judgment】 Summary of criminal facts and evidence is recognized by the court.

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