logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2013.03.13 2013노198
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of committing the crime as indicated in the judgment of the court below, was in a state of weak ability to determine whether he was suffering from a long-term depression treatment.

B. The lower court’s sentence of unreasonable sentencing (one year and two months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the trial court as to the claim of mental disability, it is recognized that the defendant was in a state that he frequently imprecovered and imprecovered the water-related guidance system, which is likely to cause unexplosion and depression. On the other hand, in light of all the circumstances such as the process and method of the crime committed by each of the above evidence, the specific behavior attitude of the defendant before and after the crime, and the duration of the crime, etc., the defendant does not seem to have reached a state that the defendant has the ability to discern things or make decisions due to mental illness such as depression at the time of each of the crimes in this case, and therefore

B. On the assertion of unfair sentencing, the following facts are: (a) the Defendant committed the instant crime; (b) the Defendant was committed against his mistake; (c) the amount of damage caused by fraud was paid in full; (d) the Defendant agreed with the thief victims; and (e) the Defendant was employed on and life in good faith after being released from the instant crime; (b) the lower court seems to have sufficiently taken such circumstances into account in sentencing; (c) there was no change in circumstances to be mitigated again at the trial; (d) the Defendant had already been punished three times for the same crime; and (e) the Defendant was sentenced to two years of punishment for the same crime; (b) the Defendant stolen the car number plate by the same method during the period of repeated offense; and (c) repeated the fraud of the oil price; and (d) the Defendant’s age, character and family environment; and (e) the motive, background, means, methods, results, and other circumstances before and after the instant crime.

arrow