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(영문) 서울북부지방법원 2016.05.19 2015노2195
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of preventing the instant crime, the Defendant had mental and physical loss or mental weakness by drinking intellectual disability and alcohol.

B. The punishment sentenced by the lower court against the Defendant (an amount of five million won) is too unreasonable.

2. Judgment on the grounds for appeal

A. According to the records on the assertion of mental disorder, even though the defendant was deemed to have committed each of the crimes in this case under the influence of drinking as a person with intellectual disability, in view of the circumstances before and after the commission of each of the crimes in this case, circumstances leading to each of the crimes in this case, and the defendant's actions at the time, etc., the defendant was in a state that he did not have or lacks the ability to discern things or make decisions due to intellectual disability or drinking at the time of preventing each of the crimes in this case.

Therefore, the defendant's mental and physical disability argument is without merit.

B. Although there are no circumstances to consider the circumstances such as the Defendant’s recognition of the instant crime and the fact that the Defendant agreed with the victim B and his wife, the lower court is already determined by taking into account the circumstances favorable to the Defendant; there is no special circumstance or circumstance that may be newly considered in the sentencing after the sentence of the lower judgment; the Defendant has the record of being punished for the same kind of crime; and the Defendant has the record of being punished for the same kind of crime; and other circumstances that form the conditions of the pleadings and the sentencing indicated in the records, such as the Defendant’s age, sex behavior, environment, motive and background of the crime, means and method of the crime; and the following circumstances, it is not recognized that the sentence imposed by the lower court is too excessive and unfair.

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

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