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(영문) 광주지방법원 2020.06.11 2020노677
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The crime of this case committed by a mentally ill-minded defendant is committed in a state of mental disability.

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

2. Determination

A. In light of the content of the instant crime, the background leading up to the instant crime, the means and method of the crime, and the circumstances before and after the crime, in particular, it seems that the Defendant was aware of the Defendant’s criminal conviction by the same method several times, and thus, it appears that the Defendant was in a state of lacking the ability to discern things or make decisions at the time of the instant crime, and it constitutes a case where, even if in a state of mental and physical disability, the Defendant predicted the occurrence of the risk and caused a mental disorder by his own person, at least, the mental and physical disorder.

Therefore, the defendant's above assertion of mental disability is without merit.

B. As to the assertion of unfair sentencing, the fact that the Defendant recognized the instant crime and reflects it, and that the amount of fraud is relatively small is favorable to the Defendant.

On the other hand, the fact that the defendant had been punished as fraud several times, and even though he was in the period of repeated crime due to the same crime, the fact that the crime of this case was committed, the victims have agreed with the victims, or the victims have not been recovered.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and the environment, etc., the lower court’s punishment is too unreasonable and unreasonable. Therefore, the Defendant’s assertion is without merit.

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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