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(영문) 수원지방법원 2016.10.07 2016노4020
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental disability at the time of committing the instant crime.

B. The sentence imposed by the lower court (two years of imprisonment) is too unreasonable.

2. Determination

A. In full view of the circumstances leading up to the defendant's crime, the means and method of the crime, the defendant's behavior before and after the crime, etc., even if the defendant suffered from stimulative disorder, it cannot be deemed that the defendant suffered from stimulative disorder, and therefore, the defendant's allegation above is without merit.

B. The fact that the Defendant recognized a crime and opposed to the judgment on the assertion of unfair sentencing, and that the amount of damage to the crime of fraud is not much significant is favorable to the sentencing.

However, considering the following: (a) the Defendant has a history of criminal punishment twice for the same crime; (b) the Defendant has been sentenced to criminal punishment for the same crime; (c) the Defendant again committed the instant crime in this case only on the same crime; (d) the Defendant’s non-standing, obstruction of performance of official duties, assault, and obstruction of business; and (e) the Defendant’s punishment has been repeated; and (e) there are no special circumstances to change the sentence of the lower court at the time of the trial, such as the Defendant’s age, character and conduct, criminal records, motive and means of the crime; and (e) various sentencing conditions such

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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