logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2016.08.18 2016노717
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of each of the instant crimes, the Defendant had a mental and physical weak state due to alcohol addiction, disorder of gender subject, etc.

B. The sentence of the lower court’s unfair sentencing (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. Reviewing the determination on the assertion of mental and physical weakness, the record of this case reveals that at the time the defendant had received medical treatment for a considerable period of time due to the sexual subject disorder, depression, etc., but the defendant committed each of the crimes of this case in a state where the defendant lacks the ability to discern things or make decisions.

Since there is no evidence to prove that there is no evidence, the defendant's mental and physical weakness argument is without merit.

B. Although there are extenuating circumstances such as the Defendant’s confession, reflect, and experienced difficulties due to the disorder of gender subject, etc., the Defendant committed each of the instant crimes even though he had already been punished several times of the same kind of crimes including suspended execution and punishment, the number of times of the crimes is not only a significant, but also a considerable number of times of the crimes, the damage is not recovered properly, the Defendant’s age, career, sex behavior, motive for the instant crime, background of the instant crime, circumstances after the crime, etc., and all the conditions of the crime and the sentencing indicated in the record, comprehensively taking account of the following factors: (a) the sentence of the lower court is deemed appropriate.

The defendant's improper assertion of sentencing also has no reason.

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

arrow