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(영문) 부산지방법원 2013.07.04 2013노1226
사기등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

A. At the time of the instant crime, the Defendant was under the influence of alcohol and had weak ability to discern things or make decisions.

B. The lower court’s sentencing (one million won of fine) is too unreasonable.

Judgment

A. According to the record as to the claim of mental retardation, it is recognized that the defendant was in a state of drinking alcohol at the time of the crime of this case, but in light of the circumstances leading to the crime of this case, the defendant's attitude before and after the crime of this case, and the speech and behavior, etc., it is not deemed that the defendant had the ability to discern things or make decisions at the time of the crime of this case. Thus, this part

B. We examine the argument of unfair sentencing, and examine the circumstances favorable to the defendant, but even though the defendant had had the record of criminal punishment 28 times prior to the confession of the crime of this case, the defendant committed the crime of this case, including the same criminal power at least 20 times prior to the crime of this case, and the defendant did not reach an agreement with the victim, and considering the motive and circumstance of the crime of this case, the circumstances after the crime of this case, the defendant's age, character and conduct, and environment, and other various circumstances which are the conditions of sentencing as shown in the records and arguments of this case, it cannot be said that the sentencing of the court below is heavy.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no ground for appeal. It is so decided as per Disposition.

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