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(영문) 서울남부지방법원 2013.10.17 2013노1035
사기
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal by the defendant is as follows: first, the defendant has alcoholic proof, and the defendant was in a state of mental disability under the influence of alcohol at the time of the crime of this case, and second, the punishment of the court below (two months of imprisonment) is too unreasonable.

First of all, according to the records, the defendant has been treated several times with alcohol respect, and even at the time of each of the crimes of this case, it is recognized that the defendant was drunk, but in light of each of the crimes of this case and the defendant's speech and behavior immediately after the crime of this case, it is not recognized that the defendant committed each of the crimes of this case under the influence of alcohol and lacks the ability or decision-making ability to discern things. Thus, the defendant's assertion of mental and physical disability is without merit.

Next, regarding the assertion of unfair sentencing, there is a history of punishment on the assertion of unfair sentencing, that the defendant had been sentenced to a suspended sentence on account of an in-service act without fault, and further, during the suspended sentence, he committed the instant crime during the period of the suspended sentence, and committed the same crime repeatedly even after the investigation and release by the police, etc., which is highly likely to repeat the crime, and no recovery from damage was made. In addition, considering various sentencing conditions as shown in the argument of the instant case, such as the method and process of the instant crime, the background of the crime, the circumstances after the crime, the age and character and conduct of the defendant, the punishment of the lower court

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

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