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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 의정부지방법원 2015.04.08 2015노178
사기
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 each of the instant offenses with mental illness, such as proof of alcohol, etc.

B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. According to the record of the determination on the claim of mental disability, it is not deemed that the defendant had the weak ability to distinguish things or make decisions at the time of the crime of this case, in light of the circumstance leading up to the crime of this case, the means and method of the crime, the specific act immediately after the crime (such as the act, etc. committed by the police, refusing to refuse to stop) although the defendant was deemed to have drinking at the time of each of the crimes of this case.

Therefore, the above assertion by the defendant and the defense counsel is without merit.

B. The following are the circumstances favorable to the Defendant: (a) the Defendant’s recognition of all the instant criminal acts and reflects the mistake in depth; (b) the employment of the landscaping company and doing so in good faith without committing such criminal acts; and (c) the existence of alcohol, etc. seems to have affected the instant criminal acts.

However, from around 2005 to 13 times, the Defendant had been punished for the same kind of crime, completed the execution of punishment for the same kind of crime, and again committed each of the instant crimes even during the repeated crime period. On September 10, 2014, at around 02:00 on the same day, the Defendant was investigated by an investigative agency on the same day and was investigated at around 05:23 on the same day, again committed the crime against the victim J at around 06:0 on the same day, at around 14:0 on the same day, again committed the crime again against the victim K at around 14:00 on the same day, and there is a need to strictly punish the Defendant in light of the circumstances after the crime and the circumstances after the crime.

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