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(영문) 수원지방법원 2018.04.17 2018노983
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was physically and mentally weak due to mental disorders.

B. The sentence of the lower court’s unfair sentencing (one hundred months of imprisonment) is too unreasonable.

2. Determination

A. According to the records of mental and physical weakness, even though the defendant was found to have suffered from both dynamic disorder at the time of the crime of this case, and even if there was no existing mental disorder, the crime of this case was committed to raise living expenses after the defendant left home, and the crime was committed repeatedly by the same veterinary method during a short period, and the process leading up to the crime of this case, the means and method of the crime of this case, etc. were in a state that the defendant had weak ability to discern things or make decisions at the time of the crime of this case.

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

B. In the criminal litigation law, which takes the principle of unfair trial-orientedness and directness of sentencing, there exists no change in the conditions of sentencing compared to the first instance court, and where the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect the determination of sentencing (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The conditions of sentencing are not changed compared with the lower court’s judgment because new materials for sentencing have not been submitted in the trial court, and the sentencing of the lower court was too excessive and exceeded the reasonable scope of discretion in full view of all the reasons for sentencing specified in the records of the instant case.

shall not be deemed to exist.

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

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