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(영문) 춘천지방법원 2020.05.29 2020노182
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of the instant crime, the Defendant was in a state with weak capacity to discern things or make decisions due to depression, etc.

B. The lower court’s sentence of unreasonable sentencing (two years of imprisonment) is too unreasonable.

2. Determination

A. According to the records on the determination of mental and physical disability, even though the defendant was suffering from depression at the time of the crime of this case, in light of the background leading up to the crime of this case, the means and method of the crime, the defendant's behavior before and after the crime of this case, and the circumstances after the crime of this case, it does not seem that the defendant had the weak ability to discern things or make decisions due to the above disease at the time of the crime of this case, and thus, it does not accept the defendant

B. There is no significant change in circumstances after the judgment of the court below on the assertion of unfair sentencing.

Examining the conditions of sentencing specified in the records and arguments of the instant case, including the fact that the Defendant had a history of criminal punishment due to the suspension of the execution of imprisonment, etc. over several occasions, and the reasons for sentencing of the lower judgment, the lower court’s sentence cannot be deemed unreasonable even if considering all the circumstances asserted by the Defendant as the grounds for appeal.

The defendant's assertion of unfair sentencing is not accepted.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is groundless.

(However, the judgment of the court below, on November 26, 2019, stated in the first sentence of Chapter 3, “No. 201. Nov. 21, 2019” is clear that it is a clerical error, and thus ex officio correction is made in accordance with Article 25(1) of the Regulations on Criminal Procedure.

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