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(영문) 부산지방법원 2014.08.21 2014노2037
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

A. The summary of the Defendant’s grounds for appeal 1) The Defendant was found to lack the ability or decision-making ability to discern drinking things at the time of committing the instant crime. 2) Even if the Defendant did not do so, the lower court’s sentencing (2 million won of fine) is too unreasonable.

B. The Prosecutor asserts that the sentencing of the lower court (a fine of two million won) is too unhued and unreasonable.

Judgment

A. According to the records of the judgment on the defendant's mental suffering of mental suffering, it is found that the defendant was in a state of drinking at the time of the crime of this case, but in light of the circumstances leading to the crime of this case, the defendant's attitude before and after the crime of this case, and the behavior of the defendant, etc., it is not deemed that the defendant had the ability to discern things or make decisions at the time of the crime of this case. Thus

B. In light of the circumstances favorable to the Defendant, including the confession of the instant crime and the Defendant’s assertion of unfair sentencing by both the Defendant and the Prosecutor, and the victim does not want the punishment against the Defendant by agreement with the victim, and the Defendant committed the instant crime 19 times in total, even though there were the past records of criminal punishment on 19 occasions, the Defendant committed the instant crime, and other circumstances that are disadvantageous to the Defendant, including the equity of sentencing with the same and similar cases, the motive and circumstance of the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, and other various circumstances that are the conditions of sentencing specified in the instant records and arguments, it does not seem that the lower court’s sentencing is too heavy or unreasonable.

In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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