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(영문) 서울동부지방법원 2018.04.12 2018노197
사기등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Reasons for appeal

A. At the time of committing the instant crime, the Defendant had weak ability to discern things or make decisions due to depression, etc.

B. The sentence of the lower court’s unfair sentencing (one hundred months of imprisonment) is too unreasonable.

Judgment

A. Even if the defendant suffered from mental illness such as depression at the time of the instant crime, considering the process of the crime, the defendant's behavior before and after the instant crime, etc., it is difficult to view that the defendant lacks the ability to discern things or make decisions due to the lack of the ability to discern things, and the above argument of the defendant's mental disorder is without merit.

B. Although the Defendant’s wrongful assertion of sentencing is divided, the first offender who has no record of punishment, and the Defendant appears to have no advantage, each of the instant crimes is recognized, each of the instant crimes is directly involved in the so-called Bosing crime, or kept an access medium used for the Bosing crime, and the need to strictly punish the persons who participated in the crime due to the serious social harm, and the Defendant has taken charge of withdrawing the completion of the Bosing crime. The role and degree of participation of the Defendant is minor.

Considering the fact that it cannot be seen that the victims have recovered from damage, and the defendant's age, sexual conduct, environment, motive, means and consequence of each of the instant crimes, and all of the sentencing conditions stated in the pleadings of the instant case, such as the motive, means and consequence of each of the instant crimes, the sentence against the defendant is too unreasonable.

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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