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(영문) 울산지방법원 2017.06.27 2017노573
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant had a mental and physical weak condition due to the depression, etc.

B. The lower court’s sentence against an unfair defendant in sentencing (eight months of imprisonment) is too unreasonable.

2. Determination

A. In light of the reasoning of the lower court’s judgment as to the assertion of mental and physical weakness, and the evidence duly adopted and examined by the lower court, it is recognized that the Defendant was diagnosed as having received hospital treatment due to the depression and uneasiness response, etc., but, on the other hand, in light of the circumstances leading to the instant crime, the method and method of the crime, the Defendant’s act before and after the crime, and the circumstances after the crime, etc., the Defendant had the ability to discern things or make decisions due to the above symptoms at the time of each of the instant crimes.

does not appear.

Therefore, this part of the defendant's argument is without merit.

B. In light of the following: (a) the determination of the wrongful assertion of sentencing was examined; (b) the victims did not compensate for the injury; and (c) the victims wish to punish the Defendant; and (d) the Defendant already committed five criminal records of the same kind, including two criminal sentences; (b) the Defendant was sentenced to imprisonment for the same kind of crime in 2015 and was sentenced to imprisonment for a year and six months in 2016; and (c) the Defendant committed each of the instant crimes repeatedly in 2016 and four months only; and (d) the risk of repeating the crime was very high; and (c) the Defendant’s fine alone

However, there are substantial causes for each of the crimes of this case, such as Defendant's computer game addiction and depression.

In full view of the fact that the amount of damage, the amount of damage, and the fact that the defendant recognized all his errors and reflects them, there are circumstances favorable to the defendant, and other factors of sentencing as shown in the argument of this case, such as the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, etc., the sentence of the court below is too unreasonable.

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