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(영문) 청주지방법원 2014.01.16 2013노790
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. Summary of grounds for appeal;

A. At the time of each of the instant crimes, the Defendant suffered mental disorders due to alcohol dependence, etc., as well as had weak ability to discern things or make decisions under the influence of alcohol.

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

2. Determination

A. According to the evidence duly admitted and examined by the court below, the defendant was receiving hospital treatment for a considerable period of time due to alcohol dependence, and the fact that the defendant was in the state of drinking at the time of each of the crimes in this case is recognized.

However, in full view of the circumstances that led to each of the instant crimes, including the background leading up to each of the instant crimes, the means and methods of each of the instant crimes, and the Defendant’s conduct before and after each of the instant crimes, it does not seem that the Defendant did not have the ability to discern things or make decisions due to alcohol dependence and drinking.

Therefore, this part of the defendant's argument is without merit.

B. The Defendant repeatedly committed each of the instant crimes without being aware of the fact that he/she had been punished several times due to the same kind of crime, and the fact that some victims did not recover from damage is disadvantageous.

However, when the defendant was in the trial, the above victims want to take the defendant's wife by mutual agreement with the victim D, M, P, S, J, U, X, EX, AK, N, AO, AP, and the above victims want to take the defendant's wife. The defendant recognized all of each of the crimes of this case and tried to improve alcohol dependence by receiving hospital treatment for a considerable period of time, and the defendant tried to improve alcohol dependence. In addition, all other circumstances, such as the defendant's age, environment, family relationship, occupation, circumstances leading to each of the crimes of this case, and circumstances after each of the crimes, etc., are all the conditions for sentencing as shown in the records and arguments.

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