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(영문) 의정부지방법원 2015.03.24 2014노2983
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. A. The Defendant was suffering from mental illness, such as depression, depression, etc., at the time of committing the instant crime.

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

2. Determination

A. In light of the circumstances revealed by the evidence duly adopted and examined by the lower court as to the claim of mental disability, namely, the circumstance leading up to the instant crime, the means and method of the crime, the Defendant’s act before and after the instant crime, and the circumstances after the instant crime, etc., it cannot be deemed that the Defendant did not have a weak ability to discern things or make decisions due to mental illness, such as depression, yellow disorder, etc., at the time of the instant crime. Thus, the above argument by the Defendant is without merit.

B. 1) Determination on the assertion of unfair sentencing is recognized as follows: (a) the Defendant made confession of the instant crime and agreed with the victim N, etc. However, the Defendant has been punished more than ten times for the same kind of crime; (b) committed each of the instant crimes during the repeated crime period due to the same kind of crime; (c) committed several times against many victims; (d) the Defendant did not recover from damage to the victims other than N; and (e) other various circumstances, which are the conditions for sentencing specified in the argument of the instant case, including the Defendant’s age, details of the instant crime, and circumstances after the crime, are considered favorable to the Defendant, even if the lower court’s punishment is too unreasonable.

C. Therefore, the defendant's above assertion is without merit.

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

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