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(영문) 수원지방법원 2015.07.01 2015노2411
사기등
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 drunk and was in a state of mental disability.

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

2. Determination

A. According to the record as to the claim of mental retardation, even though the defendant was in a state of drinking at the time of each of the crimes in this case, in light of the defendant's usual drinking, the background leading up to the crime, the means and method of the crime, and the circumstances, etc., it does not seem that the defendant had the ability to discern things or make decisions due to drinking at the time. Thus, the above assertion by the defendant is without merit.

B. There are favorable circumstances as to the assertion of unfair sentencing, such as the Defendant’s confession and reflects all of the instant crimes, and the fact that the Defendant appears to have repaid the amount of damage caused by the fraud.

However, in full view of the various circumstances, including the Defendant’s age, character and behavior, environment, details and contents of the crime, and circumstances after the crime, etc., the punishment imposed by the court below is too unreasonable, in light of the following: (a) the Defendant was punished several times by obstruction of performance of official duties, obstruction of duties, violence, etc.; and (b) the Defendant’s age, character and conduct, circumstances of the crime, etc., as well as the sentencing conditions specified in the records and arguments of this case, it cannot be deemed that the sentence imposed by the court below is too unreasonable.

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

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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