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(영문) 수원지방법원 2020.09.18 2020노1613
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental disorder or mental disability under the influence of alcohol at the time of committing the instant crime.

B. The lower court’s sentence of unreasonable sentencing (2 million won of fine) is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence admitted by the court below as to the assertion of mental disorder, the fact that the defendant was not in a state of mental disorder or mental disability at the time of the crime in this case

The assertion of mental disorder is without merit.

B. In a case where there is no change in the conditions of sentencing compared with the first instance court on the assertion of unfair sentencing, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, the appellate court should respect the sentencing of the first instance court.

(Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In this case, there is no significant change in sentencing conditions compared to the original judgment. In light of the following, the lower court’s sentencing environment, relationship with the victim, the course and contents of the instant crime, and the overall sentencing conditions (in particular, there are several records of punishment for the same kind of crime) as indicated in the present argument and the record, such as the circumstance after the instant crime, it is not recognized that the lower court’s punishment is too unreasonable.

There is no reason to assert unfair sentencing.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the conclusion is groundless.

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