(영문) 광주지방법원 2017.09.27 2017노2482 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 2017.09.27 2017노2482

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The crime of fraud and assault among the crimes in this case committed by mental and physical disorder was committed under the influence of alcohol by the Defendant, thereby having committed a mental and physical loss or mental weakness.

B. The punishment of the lower court (one year and four months of imprisonment, and 40 hours of completion of the sexual assault treatment program) is too unreasonable.

2. Determination

A. According to the record of the instant case’s determination on the assertion of mental disorder, it is recognized that the Defendant was in a drunken state at the time of committing the crime of fraud and assault around March 20, 2017, but in full view of the background leading to each of the above crimes, the means and methods of each of the above crimes, and the circumstances before and after each of the above crimes, the Defendant was in a state that the Defendant had no or weak ability to discern things or make decisions at the time of each of the above crimes.

shall not be deemed to exist.

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

B. In full view of the following: (a) the determination of the unfair argument of sentencing is examined; (b) the victims desire to punish the defendant; (c) the defendant has many records of punishment for the same crime; and (d) the defendant committed fraud and assault without being aware of the crime during the period of repeated offense; and (c) there is no change in the sentencing conditions compared with the original judgment; and (d) the various sentencing conditions specified in the records and arguments of this case, the lower court’s punishment cannot be deemed unfair; and therefore, the defendant’s assertion

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 (Article 364 (4) of the Criminal Procedure Act on the ground that the defendant's appeal is dismissed in accordance with the judgment of the court below (Article 6th 3 of the judgment of the court below).

참조조문

-성폭력범죄의 처벌 등에 관한 특례법

-형법 제38조

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