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(영문) 춘천지방법원 강릉지원 2014.11.04 2014노415
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Under the influence of alcohol, the Defendant committed the instant crime in a state of mental disorder or mental disability.

B. The lower court’s sentence of unreasonable sentencing (eight months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the lower court regarding the assertion of mental and physical disorder, the fact that the Defendant was in a state of drinking alcohol at the time of the instant crime is recognized, but did not have the ability to discern things or make decisions, in light of the mode and method of the instant crime, the Defendant’s speech and behavior at the time, etc.

not seem to have existed in or weak condition.

The defendant's above assertion is without merit.

B. As to the assertion of unfair sentencing, the fact that the defendant reflects the crime, suffered from visual and stimulative disorder, and acquired the money by deception is the small amount, the victim does not have the punishment for the defendant, and the above victim wanted the wife against the defendant in the trial of the party is favorable to the defendant.

On the other hand, the defendant had a record of punishment several times including punishment for the same crime, and committed the crime of this case again during the period of the suspension of imprisonment for the same crime, and the suspension of the execution of the sentence has been invalidated and has served as a result of the suspension of the execution of the sentence, and committed the crime of this case again at least one month.

In addition to the above various circumstances, comprehensively taking account of the Defendant’s age, character and conduct, motive for the instant crime, means and consequence of the instant crime, etc., the lower court’s punishment cannot be deemed to be too unreasonable, as well as the circumstances after the crime.

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

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