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(영문) 부산지방법원 2019.09.06 2019노1900
사기등
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) At the time of the instant crime, the Defendant was in a state of mental disorder ( alcohol addiction, depression) and mental disorder caused by drinking. (2) The sentence of unfair sentencing (one year and six months of imprisonment) of the lower court is too unreasonable.

B. The lower court’s sentence is too uneasible and unfair.

2. Determination

A. In light of the background, method, and method of the instant crime committed by the evidence duly adopted and examined by the lower court, and the conduct before and after the instant crime, it does not appear that the Defendant had lost or weak ability to discern things or make decisions at the time of the instant crime.

Therefore, the defendant's mental disorder is not accepted.

B. As to the assertion of unfair sentencing by the Defendant and the prosecutor, the Defendant committed a number of crimes during a short period of time even though they had been punished for the same kind of crime, and did not recover from the victims.

However, the Defendant recognized all of the crimes of this case and opposed thereto.

Among the crimes of this case, the crime of this case was committed with attempted crimes, and the amount of damage to the remaining crimes is relatively little.

Since the defendant was hospitalized in a mental hospital for a long time and was discharged, the defendant seems to have committed multiple crimes contingently.

In addition, considering the defendant's age, environment, family relations, motive of crime, means and result of crime, all of the sentencing conditions shown in the arguments in this case, such as the circumstances after the crime, the court below's punishment against the defendant is considered unfair.

Therefore, the defendant's assertion of unfair sentencing is reasonable, and the prosecutor's assertion of unfair sentencing is without merit.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal is again made as follows.

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