logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2017.12.14 2017노1134
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant had mental and physical loss or mental weak condition under the influence of alcohol at the time of committing the instant crime.

B. The sentence of the lower court that is unfair in sentencing (eight months of imprisonment) is too unreasonable.

2. Determination

A. Comprehensively taking account of the details of the instant crime committed by the Defendant at the time when the lower court duly admitted and investigated evidence, and various circumstances, such as the Defendant’s speech and behavior before and after the commission of the crime, the Defendant was under the influence of alcohol at the time of the crime, but the Defendant did not have the ability to discern things or make decisions, thereby having lost the ability to discern things

As it is not recognized, the defendant's mental disorder argument is without merit.

B. It is recognized that the Defendant’s judgment on the illegal argument of sentencing reflects his/her mistake, and the amount of fraud is a relatively small amount.

However, even though there was a history of punishment several times, including punishment for the same crime, in the same repeated crime period, there is no agreement with the victim, there is no change of circumstances that may be considered favorable to the defendant in the trial of the case, and in full view of various sentencing conditions shown in the arguments of the case, such as the defendant's age, sex, environment, the process and consequence of the crime of this case, the court below's punishment is too unreasonable and unfair. Thus, there is no reason for the defendant's improper assertion of sentencing.

3. In conclusion, 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 without merit. It is so decided as per Disposition.

arrow