(영문) 대구지방법원 2018.10.04 2018노3184 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2018.10.04 2018노3184

사기

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, a mentally and physically weak, was in a state of mental and physical weakness.

B. The sentence of the lower court’s improper sentencing (4 months of imprisonment) is too unreasonable.

2. Determination

A. In light of the background leading up to the instant crime, the means and method thereof, the Defendant’s attitude and words before and after the commission of the crime, the circumstances after the commission of the crime, etc. acknowledged by the evidence examined by the lower court as to the assertion of mental and physical weakness, it is recognized that the said Defendant had drinking alcohol at the time of the commission of the crime, but there was a lack of ability to discern things or make decisions.

shall not be deemed to exist.

B. The amount of damage caused by the instant crime is relatively minor, and the Defendant agreed with the victims on the determination of the unfair argument of sentencing.

However, the Defendant had a record of having been punished several times for the same crime, and in particular, even though he committed the same crime during the suspension of the execution of imprisonment with prison labor for the same crime and was released by the first instance court after being sentenced to a fine in the appellate trial, the Defendant committed the crime of this case only on the second month.

In full view of the various circumstances, including the above circumstances, including the Defendant’s age, sex, environment, family relationship, motive, background, means and consequence of the crime, and the circumstances after the crime, and there are no special circumstances or changes in circumstances that make it possible to change the sentencing of the lower court after the judgment, the sentencing of the lower court is not unfair.

3. The Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, on the grounds that the appeal is groundless.

유사 판례

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