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(영문) 제주지방법원 2018.06.21 2018노208
사기미수등
Text

The defendant's appeal is dismissed.

Reasons

The gist of Defendant’s appeal is that the lower court did not recognize the Defendant committed each of the instant crimes in the state of mental or physical disorder. In so doing, the lower court erred by misapprehending the legal doctrine regarding mental or physical disorder, thereby adversely affecting the conclusion of the judgment. The lower court’s sentence (one year and six months of imprisonment) declared by the lower court is too unreasonable.

However, according to the records of this case, at the time of each of the crimes of this case, the defendant had no or weak ability to discern things or make decisions.

The defendant's mental and physical argument is not reasonable, and in full view of various circumstances that are conditions for sentencing as shown in this case, since the sentence imposed by the court below is too unreasonable, it is not recognized that the sentence imposed by the defendant is too unreasonable, and therefore, the defendant's improper argument in sentencing

Accordingly, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

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