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(영문) 수원지방법원 2019.01.23 2018노6827
상습사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. (1) At the time of committing the instant crime, the Defendant was in a state of mental disorder or mental disability due to cerebrovascular or laverasis disorder.

Dob. The sentence of unfair sentencing (one year of imprisonment) by the lower court is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. According to the record of the determination on the assertion of mental disorder, it is recognized that the defendant was suffering from mental illness due to the ordinary scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopics

It does not seem to be in a state or weak.

Therefore, the defendant's mental disorder is without merit.

B. The Defendant had a record of having been punished on 23 occasions including imprisonment with prison labor for the same kind of crime, and, in particular, the Defendant committed the instant crime without being aware of only one month after the completion of the sentence due to the same kind of crime, and did not recover from damage, etc. are disadvantageous to the Defendant.

However, the fact that the defendant recognized his mistake and reflects his depth, and that the amount of damage is relatively minor is favorable to the defendant.

In addition, comprehensively taking into account all other circumstances, such as the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, the lower court’s punishment is too heavy or is not unreasonable as it is so unreasonable. Therefore, the Defendant and the prosecutor’s assertion are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is groundless, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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