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(영문) 부산지방법원 2020.05.15 2019노4267
사기등
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

1. Summary of grounds for appeal;

A. At the time of each of the instant crimes, the Defendant was in a state of mental disorder or mental disability.

B. The sentence of unfair sentencing (two years of imprisonment) by the lower court is too unreasonable.

2. Determination

A. In light of the background and method of each of the instant crimes committed by the evidence duly adopted and examined by the lower court, the Defendant did not seem to have lost or weak ability to discern things or make decisions at the time of each of the instant crimes.

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

B. The Defendant has a large number of records of punishment for the same kind of crime and, in particular, even during the period of repeated crime due to fraud, has committed multiple crimes, such as repeating fraud and assaulting singing and police officers.

The victims did not recover from damage.

However, the Defendant recognized all of the crimes of this case.

The crime of fraud in this case is a kind oflessless crime, and the degree of deception against victims is not serious, and the total amount of damage is relatively small to KRW 350,000,000.

In addition, considering the defendant's age, environment, family relations, motive of crime, means and result of crime, all of the sentencing conditions shown in the argument of this case, such as the circumstances after the crime, the sentencing of the court below against the defendant is deemed unfair.

The defendant's assertion of unfair sentencing is justified.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.

【Reason for the Judgment of the Supreme Court】 The facts constituting an offense and summary of evidence recognized by the court, and the gist of evidence.

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