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(영문) 서울중앙지방법원 2020.11.13 2020노2856
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time, the Defendant was in a state of weak ability to discern things or make decisions under the influence of alcohol addiction, shock disorder, etc., and thus, under the influence of alcohol.

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

2. Determination

A. According to the records on the determination of mental and physical disability, it cannot be deemed that the Defendant had the ability to discern things or make decisions under the influence of alcohol at the time of committing the instant crime, in view of the background of the crime, the Defendant’s act before and after the instant crime, etc., even though it is deemed that the Defendant had the history of having received treatment from March 2009 to July 2014 by alcohol dependence, and in full view of the background of the crime, the Defendant’s act before and after the instant crime was committed, etc.

Therefore, the defendant's above assertion is without merit.

B. In full view of the circumstances in the lower court’s reasoning, including the fact that there was no new circumstance or special change of circumstances that could reflect the Defendant’s case in sentencing after the sentence of the lower judgment on the assertion of unfair sentencing, and that the Defendant’s same criminal records are many, and that each of the crimes of this case was committed during the period of the same repeated offense, and the circumstances of all kinds of sentencing as indicated in the pleadings, including the Defendant’s age, character, character, environment, family relationship, circumstances and result of the crime, etc., the lower court’s sentence is too excessive beyond the reasonable scope

Therefore, the defendant's above assertion is without merit.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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