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(영문) 수원지방법원 2014.07.03 2014노1815
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, as a North Korean defectors with a mental disorder, is under the influence of alcohol while being treated with depression and depression, and thus is unable to discern things or make decisions, the Defendant committed each of the crimes of this case, and there are legal grounds for reduction or exemption.

I would like to say.

Nevertheless, the court below erred by misapprehending the legal principles as to mental disorder.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. In light of the background, process, means, and method of each of the crimes in this case, the defendant's act before and after the crime was committed, etc. as alleged by the court below as to the assertion of mental disorder, it cannot be seen that the defendant was under the influence of alcohol and did not have lost or weak ability to distinguish things or make decisions, and thus, the above assertion by the defendant is rejected.

B. In full view of various circumstances, including the Defendant’s age, character and conduct, environment, motive, means and method of the crime, circumstances after the crime, etc., as well as the fact that the Defendant had already been punished by a fine and a suspended sentence for the same thief, and subsequently plannedly committed the crime of this case, there is a need to punish the Defendant in light of the fact that the Defendant committed the crime of this case, and that he did not make any effort to recover from damage without agreement with the victims, etc., the Defendant’s argument on the assertion of unfair sentencing is too unreasonable to the extent that the lower court’s punishment should be reversed, and thus, the Defendant’s above assertion

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

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