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(영문) 부산지방법원 2013.03.15 2012노4081
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime with mental disorder, the person was in the state of mental disorder or mental disability.

B. The sentence of imprisonment (six months of imprisonment) by the lower court on the Defendant of unreasonable sentencing is excessively unreasonable.

2. Determination

A. According to the record as to the assertion of mental disorder, it is recognized that the defendant had a drinking condition at the time of the crime of this case.

However, in light of the background leading up to the crime of this case, the method and method of the crime of this case, and the defendant's speech and attitude before and after the crime of this case, the defendant did not have the ability to discern things or make decisions due to drinking at the time of the crime, in light of the following: (a) the amount of drinking alcohol; (b) the amount of the credit card, etc. on the new wall, which is a stolen, was purchased from a person who was not aware of his name, and used as a means of payment for the volume of the card, which is the card of the defendant, in

It does not seem that there was any or weak state.

Therefore, the defendant's above assertion is not accepted.

B. As to the assertion on unreasonable sentencing, it is recognized that the part of the damage caused by the instant crime was restored, and the Defendant recognized the crime and reflected against the Defendant.

However, in light of the fact that the crime of this case was committed by purchasing a stolen credit card and using it, the crime of this case is not easy, and that the defendant was sentenced twice to imprisonment, and in particular, the defendant committed the crime of this case in the remaining seven months after release, and all other circumstances, such as the defendant's age, environment, occupation, family relation, etc., the sentence of the court below is unreasonable.

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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