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(영문) 인천지방법원 2015.02.04 2014노4671
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental disorder or mental disability at the time of each of the instant crimes.

B. The lower court’s sentence of unreasonable sentencing is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly admitted and examined by the court below, it may be recognized that the defendant was in a state of drinking at the time of the crime of this case, but the defendant does not seem to have been in a state of mental disorder or mental disability, so the above argument by the defendant is without merit.

B. In full view of all the sentencing conditions indicated in the records and arguments of the case of unfair sentencing, and the fact that the defendant committed the crime of this case while being sentenced to a fine for the same kind of crime during the period of suspension of the execution of the sentence, the lower court’s punishment is too unreasonable.

3. Therefore, 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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