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(영문) 청주지방법원 2014.08.28 2014노447
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of each of the instant crimes, the Defendant was in a state of weak mind and body by drinking.

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

2. Determination

A. According to the record of the determination of the claim of mental disability, even though the defendant is deemed to have served alcohol at the time of each of the crimes in this case, the defendant seems to have served alcohol at the time of the crime in this case, mental retardation and alcohol abuse, etc., but it appears that the defendant has committed each of the crimes in this case in consideration of the fact that the defendant is memoryed to a certain extent at the time of preventing each of the crimes in this case, and that he did not calculate the drinking value from the beginning (Article 62, 66, 25-28, 2014, 2014, 2301, 25-28, 2014, 2728, 2729, 2729, 15, 35, etc., of the evidence evidence evidence records, No. 25-28, 2014, 2014, 2729, 35). Thus, the defendant's previous and previous criminal acts in this case are deemed to lack the ability of mental disability at the time of the defendant.

B. Circumstances may be taken into account, such as the fact that the defendant recognized a mistake and reflects the defendant's decision on the assertion of unfair sentencing, the fact that some victims have agreed with the defendant, and that the defendant seems to require appropriate treatment due to both mental retardation and alcohol abuse. On the other hand, the court below appears to have determined punishment in consideration of such circumstances, and the defendant committed each of the crimes of this case when the defendant had a significant number of records of punishment for the same kind of crime, and even during the period of suspension of execution, and each of the crimes of this case also committed 16 times.

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