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(영문) 서울남부지방법원 2014.11.13 2014노1650
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant with mental disorder was in a state of weak ability to discern things or make decisions through drinking alcohol at the time of committing the instant crime, but the lower court’s failure to recognize the Defendant’s mental disorder is unlawful.

B. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.

2. Determination

A. In light of various circumstances, such as the process and method of each of the instant crimes, the means and method, and the Defendant’s speech and behavior before and after the instant crime, it is not deemed that the Defendant at the time of each of the instant crimes did not have the ability to discern things or make decisions due to drinking.

B. In light of the fact that the Defendant had been punished several times for the same kind of crime, and committed each of the instant crimes within the repeated offense period, and other various sentencing conditions as indicated in the instant argument, including the method of the instant crime and the circumstances after the instant crime, the lower court’s sentence is unreasonable.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act.

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