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(영문) 서울북부지방법원 2014.12.24 2014노1391
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental disability at the time of committing the instant crime.

B. The sentence imposed by the lower court (eight months of imprisonment) is too unreasonable.

2. Determination

A. In light of various circumstances indicated in the record, such as the process and process of the instant crime, the Defendant’s act before and after the instant crime, etc., even if the Defendant suffered from a chronic illness and was in the state of drinking at the time of the instant crime, it does not seem that the Defendant did not have been able to discern things or make decisions. Therefore, this part of the Defendant’s assertion is without merit.

B. The circumstances favorable to the Defendant include the Defendant’s confession of all of the instant crimes, and the fact that the Defendant is receiving medical treatment due to psychotropic illness, etc.

However, up to the time of the trial, the victims of this case did not reach an agreement with the victims of this case, and the defendants committed the fraud of this case at the same time despite the fact that they had been punished several times due to the same type of fraud, and taking into account the various circumstances that form the conditions for sentencing, such as the defendant's age, character and conduct, environment, motive or circumstance of the crime, means and consequence, etc., the punishment imposed by the court below is too unreasonable. Thus, the defendant's assertion on this part is without merit

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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