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(영문) 서울서부지방법원 2013.05.09 2013노315
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., mental or physical disability, and unreasonable sentencing) (e., the Defendant was in the state of mental or physical disability by drinking only at the time of each crime committed on January 1, 2013 (crime 2013No. 33) and was in the state of mental or physical disability, and the lower court’s punishment (a year of imprisonment) is too unreasonable.

2. Determination

A. According to the records of this case as to the assertion of mental disorder or mental retardation, it is found that the Defendant was in a drunken state at the time of each of the crimes committed on January 1, 2013 (the crime committed on January 1, 2013). However, in light of various circumstances, such as the details and means of the crime, and the conduct before and after the crime, it is not deemed that the Defendant was in a state of changing things or losing the ability to make decisions at the time of each of the crimes in question, and thus, the Defendant’s mental disorder or mental disability allegation

B. Although the Defendant made a confession of each of the instant crimes and recognized his mistake in the judgment on the assertion of unfair sentencing, the Defendant not only has the history of having been sentenced to a fine or imprisonment with prison labor on November 28, 201 due to fraud, etc., but also each of the instant crimes on July 11, 201 upon termination of the execution of the sentence on July 11, 2012, constitutes a repeated offense; there is no special circumstance or change in circumstances that may be considered newly after the pronouncement of the lower judgment; and there is no other reason to consider newly the sentencing conditions, such as the Defendant’s character, conduct, motive and circumstance of the crime, and the circumstances after the crime. Therefore, the Defendant’s assertion of unfair sentencing is unreasonable or unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that the defendant's appeal is without merit. It is so decided as per Disposition.

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