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(영문) 부산지방법원 2015.02.12 2014노4570
사기
Text

The defendant's appeal is dismissed.

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 health and physical disability with excessive drinking.

B. The lower court’s imprisonment (ten months of imprisonment) on the grounds of unreasonable sentencing is too unreasonable.

2. Determination

A. The defendant's assertion of mental disability is found to have been drinking at the time of each of the crimes in this case, but it seems that the defendant lacks the ability to discern things or make decisions. Thus, the defendant's assertion of mental disability is not accepted.

B. In light of the circumstance that the Defendant seems to have made an effort to commit a crime against his wrong and to escape from alcohol addiction, and the criminal records of the same kind of crime are too many, and the risk of recidivism is highly likely to be committed repeatedly from the first day of release. Therefore, in order to prevent recidivism, there is a need to isolate the Defendant from society for a considerable period of time, there is no change of circumstances to consider the sentencing, such as the damage change, etc. from the judgment of the court below to the trial of the court below, and there is no other change of circumstances to consider the motive and circumstance of the crime of this case, the Defendant’s age, character and conduct, environment, etc., and all other circumstances that are conditions for the sentencing of this case, the sentence of imprisonment with prison labor for 10 months sentenced by the court below is appropriate.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal can not be seen as a part of the mother or there is no reason to do so

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