(영문) 수원지방법원 2014.09.18 2014노3920 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2014.09.18 2014노3920

사기

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Each of the instant crimes committed by the Defendant with mental or physical disorder is under the influence of alcohol, and is committed in a state of mental or physical disorder.

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

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the defendant's mental and physical argument, it is recognized that the defendant had a drinking condition at the time of each of the crimes of this case, but in light of the motive, circumstance, process, and the defendant's speech and behavior immediately after the crime of this case, it cannot be deemed that the defendant has a lack or weak ability to discern things or make decisions. Thus, the defendant's mental and physical disorder argument is without merit.

B. Although the Defendant’s judgment on the Defendant’s assertion of unfair sentencing may be taken into account the following factors: (a) the Defendant’s mistake recognized the Defendant’s mistake, and the damage caused by each of the instant crimes is minor; (b) each of the instant crimes is limited to taxi engineers, petty merchants, etc.; (c) the nature of the crime was not good; (d) the damage was not recovered; (e) the victims did not reach an agreement; (e) the Defendant had a majority of criminal convictions; and (e) the Defendant committed the same type of crime again during the period of repeated crime due to the same habitual fraud; and (e) the Defendant committed each of the instant crimes again during the period of the repeated crime even if he was first punished by a fine; and (e) the Defendant committed each of the instant crimes again during the period of the repeated crime; and (e) the Defendant’s age, character and conduct, background of the crime, and circumstances after the crime, and all of the sentencing conditions

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.

참조조문

-형사소송법 제364조 제4항

유사 판례

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