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(영문) 의정부지방법원 2020.09.17 2020노1127
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of the crime of violation of Acts and subordinate statutes, the judgment of the court below which applied the law without recognizing it in a state of mental disorder at the time of the crime of violation of Acts and subordinate statutes has violated the Acts and subordinate statutes affecting the conclusion of the judgment

B. The lower court’s imprisonment (one year of imprisonment) against the Defendant is too unreasonable.

2. Determination

A. A. Violation of Acts and subordinate statutes is recognized as having undergone a diagnosis of bipolar disorder or mental symptoms on January 30, 2012, but it is not determined that the Defendant had weak ability to discern things or make decisions, by examining the contents of the instant crime and the situation of the Defendant at the time.

B. The crime of this case’s unfair sentencing concerns multiple types of crimes committed against multiple victims, such as the facts constituting the crime of the lower judgment.

The Defendant committed each of the crimes stated in the lower judgment, and completed the execution of the sentence, and committed the instant crime, which is identical to that of the previous offense during the period of repeated offense due to the previous offense, at the time of the lapse of two months.

These circumstances are disadvantageous to the defendant.

On the other hand, the defendant shows his attitude to confession and reflect the crime of this case.

The Defendant voluntarily submitted five mobile phones (victim AG, U, AF, G, and AE) and two credit cards (victim AB, T) among the thiefs in this case, and four smoke (38 A), among the thiefs, to investigation agencies.

The victim I (2020'dan613) expressed the defendant's intention not to punish the defendant.

It is judged that the mental illness of the defendant above was somewhat somewhat affected by the crime of this case.

These circumstances are favorable to the defendant.

In addition, the above defendant's age, character and conduct, intelligence and environment are imposed.

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