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(영문) 인천지방법원 2016.11.03 2016노3085
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 was in a state of mental and physical disability or mental health disorder.

B. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.

2. Determination

A. According to the records on the determination of the allegation of mental disorder, it is recognized that the Defendant had drinking alcohol at the time of the instant crime.

However, in light of the background, process, means and method of the instant crime, Defendant’s act before and after the instant crime, etc. admitted by the evidence duly adopted and examined by the lower court, it is difficult to view that the Defendant was in a state of mental and physical disability or mental disorder at the time of the instant crime.

Therefore, the defendant's argument on this point is without merit.

B. It is recognized that the Defendant’s confessions a crime and reflects the mistake, and the degree of damage suffered by the victim is relatively minor.

However, the crime of this case is deemed to have been obtained by deceiving the victim as if the defendant would pay the price, and the damage was not recovered and did not agree with the victim, the defendant was sentenced to criminal punishment including punishment for the same kind of crime. The crime of this case is committed during the repeated crime period. Considering the various circumstances of the defendant, the court below sentenced the punishment beyond the lowest limit of the recommended sentencing guidelines set by the sentencing guidelines, and taking full account of the defendant's age, character and behavior, motive, means and consequence of the crime of this case, the circumstances after the crime of this case, etc., it cannot be deemed that the sentence of the court below is too unreasonable.

Therefore, the defendant's assertion on this point is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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