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(영문) 서울동부지방법원 2014.09.18 2014노1023
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant had weak ability to discern things or make decisions due to depression, etc.

B. The sentence imposed by the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. According to the record of the determination on the assertion of mental and physical disorder, even though the Defendant was suffering from friendly disorder at the time of each of the instant crimes, the Defendant did not have the ability to discern things or make decisions at the time of each of the instant crimes, taking full account of various circumstances acknowledged by the evidence examined by the lower court, such as the background leading up to each of the instant crimes, the means and methods of the crime, the Defendant’s act before and after the crime, and the circumstances

It does not seem that there was or was a weak state.

Therefore, the defendant's mental disorder is not accepted.

B. As to the assertion of unfair sentencing, the Defendant made a confession of all of the crimes of this case and made up against each of the crimes of this case, the amount of damage is relatively small, and the Defendant suffers from rare disease such as the atomic nephrosis, and the health condition is not good, etc., which are favorable to the Defendant, or even though the Defendant had been punished several times including the same kind of crime, the crime of occupational embezzlement in the first ruling constitutes a repeated crime of the same kind of crime, and the Defendant was paid 3,795,062 won to the victim corporation and 50,000 won to the victim corporation and the lower court did not consider this. However, the evidence submitted by the Defendant alone is insufficient to deem that all of the above amounts claimed by the Defendant were appropriated for the repayment of damage, and even if such assertion is acknowledged, the lower court should reverse the sentence imposed by the lower court.

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