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(영문) 수원지방법원 2016.12.01 2016노7062
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal by the defense counsel;

A. The court below erred in the misapprehension of the nautical miles memory certificate, depression, public yellow disorder, decentralization disorder, etc. at the time of each of the instant crimes, even though the Defendant was in a state of mental disorder due to mental disorder at the time of each of the instant crimes.

B. In light of the fact that the Defendant recognized the error of unfair sentencing and against it, and that the Defendant’s commission of bullying caused by mental illness was committed each of the instant crimes, etc., the lower court’s sentence that sentenced KRW 500,000 to imprisonment for eight months and fine for negligence is too unreasonable.

2. Determination

A. In full view of the background, means and method of each of the instant crimes, Defendant’s behavior before and after each of the instant crimes, and circumstances after each of the instant crimes committed, the lower court’s determination as to the assertion of mental and physical disorder can be acknowledged that the Defendant had symptoms of the e-mail and nautical miles memory at the time of each of the instant crimes, but cannot be deemed to have lacking the ability to discern things or make decisions.

Therefore, the judgment of the court below that did not apply Article 10(2) of the Criminal Act to the defendant cannot be deemed to have erred that affected the conclusion of the judgment in violation of the statutes on legal grounds for reduction of liability.

B. The instant crime on the assertion of unfair sentencing is not a good crime that the Defendant, at the main point and without paying a taxi fee, insultings a police officer and took an action of disturbance at the police station, which is a public office, and the Defendant was sentenced to the suspension of the execution of imprisonment for six months due to fraud, etc. at the Seoul Central District Court on October 23, 2014, and was sentenced to the imprisonment for four months at the Suwon District Court on January 21, 2016 and was sentenced to the imprisonment for a crime of fraud at the Suwon District Court on April 21, 2016, and was released from the police station, and again, the Defendant committed each of the instant crimes.

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