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(영문) 수원지방법원 2014.12.01 2014노4442
사기등
Text

The part concerning the crime of Articles 1 through 4 in the judgment of the court of first instance sentenced to imprisonment with prison labor for a year and six months and the judgment of the court of second instance, respectively.

Reasons

1. Summary of grounds for appeal;

A. The Defendant suffered from alcohol dependence, and even at the time of each of the instant crimes, the Defendant was in the state of mental disorder or mental disorder.

B. The lower court’s sentence of unreasonable sentencing (Article 1: 1.6 months of imprisonment and a fine of 1.5 million won, and 2.4 months of imprisonment) is too unreasonable.

2. Determination

A. Before determining the grounds for appeal by the defendant ex officio, the court of first and second instance shall concurrently examine the cases of appeal by the court of first and second instance against the defendant. Among the judgment of the court of first instance, each of the offenses listed in the judgment of the court of second instance and the offenses listed in the judgment of the court of second instance against the defendant are concurrent offenses listed in the former part of Article 37 of the Criminal Act, and should be punished as a single sentence within the term or amount of punishment aggravated concurrent offenses under Article 38(1) of the Criminal Act.

Therefore, the part of the judgment of the court of first instance as to each of the crimes in subparagraphs 1 through 4 of the judgment and the judgment of the court of second instance cannot be maintained any more in this respect.

B. On the ground of ex officio reversal of the Defendant’s mental and physical disorder as seen above, the Defendant’s assertion of mental and physical disorder is still subject to the judgment of this court.

According to the evidence duly admitted and examined by the court below, although the defendant committed a crime of obstruction of performance of official duties of this case and committed a part of fraud for drinking alcohol, it is recognized that the defendant committed a crime of some fraud for drinking alcohol. However, in light of the circumstances of each of the crimes of this case, the method and method of the crime, the defendant's attitude and behavior before and after the crime, and the circumstances after the crime, it is not deemed that the defendant committed a crime of this case at the time of each of the crimes of this case in which the defendant lost or lacks the ability to discern things or make decisions.

Therefore, this part of the defendant's argument cannot be accepted.

C. Determination of the allegation of unfair sentencing on the fifth and sixth crimes in the judgment of the court of first instance.

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