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(영문) 서울남부지방법원 2013.07.29 2013노865
상습사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal by the defendant, first, the defendant was under the influence of alcohol at the time of the crime of this case, and second, the punishment of imprisonment (six months of imprisonment) of the judgment below is too unreasonable.

2. As to the allegation of mental disorder first of all as to the grounds for appeal, it is recognized that the Defendant had weak ability to discern things or make decisions under the influence of alcohol at the time of the instant crime and the Defendant’s speech and statement at the time of the instant crime and the police. Thus, the Defendant’s mental and physical disorder assertion is without merit.

Next, in light of the following: (a) the Defendant had a history of punishment more than 20 times for the same kind of crime; (b) particularly, the Defendant’s failure to appear before and after the execution of imprisonment for the same kind of crime, and the possibility of re-offending is very high; (c) the Defendant did not reach an agreement with the victim on recovery from damages or losses; and (d) other various sentencing conditions specified in the instant pleadings, such as the method of the instant crime, background, circumstances after the instant crime, Defendant’s age and character and conduct, etc., the sentence of the lower judgment is without merit, and thus, is deemed unreasonable. Therefore, the Defendant’s assertion of unfair sentencing is without merit.

3. The defendant's appeal is without merit. Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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