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(영문) 서울중앙지방법원 2014.02.06 2013노4098
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower judgment, even though the Defendant was in a state of mental disorder under the influence of alcohol at the time of committing the instant crime, was unlawful.

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

2. Determination on the grounds for appeal

A. According to the record as to the assertion of mental disorder, even though the defendant was in a somewhat bad condition at the time of the crime of this case, in light of the circumstances revealed in the records, such as the background leading to the crime, details of the crime, and the defendant's behavior before and after the crime, the defendant lacks the ability to discern things and make decisions.

This part of the defendant's assertion is rejected, since it is not recognized that the defendant had reached the above status of absence of such ability.

B. As to the assertion of unfair sentencing, the Defendant’s mistake is against the Defendant, etc. may be considered.

However, in full view of the fact that the Defendant was punished several times for the same crime, and that there is no good quality of the crime by continuously and repeatedly committing the instant crime even during the period of repeated crime, and that no agreement was made with the victims, and that there was no special change in the circumstances or circumstances that may newly be considered in the sentencing after the sentence of the lower judgment, and other various circumstances that form the conditions for the argument and the sentencing indicated in the record of the instant case, such as the Defendant’s age, character and conduct, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, etc., the Defendant does not accept this part of the Defendant’s assertion, on the grounds that the sentence imposed by the lower court is too excessive and unreasonable.

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

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