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(영문) 대전지방법원 2015.03.25 2014노3804
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal (non-incompetent of mental disability and unreasonable sentencing)

A. At the time of committing the instant crime, the Defendant was in a state of mental suffering suffering from a mental disorder.

B. The sentence of imprisonment (ten months of imprisonment) imposed by the court below on the defendant is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below, the defendant's assertion of mental disability is acknowledged as having a drinking alcohol at the time of the crime of this case, but in light of all the circumstances such as the circumstances or methods leading to the crime of this case, the defendant's speech and behavior at the time of the police investigation immediately after the crime of this case, it seems that the defendant was in a state of lacking the ability to discern things or make decisions due to drinking at the time of the crime of this case

B. The circumstances favorable to the Defendant are that the Defendant made a confession of and reflects on the instant crime, that the defrauded was not relatively large, and that the Defendant agreed with the victim E, etc. regarding the allegation of unfair sentencing are favorable to the Defendant.

On the other hand, the Defendant committed the instant crime even after having been sentenced to a fine once again by committing the same kind of crime, including five times of punishment due to the same crime, the execution of imprisonment for the same crime has been terminated, and even after having been sentenced to a fine again during the period of repeated crime, and the Defendant was arrested in the act of committing the crime at the time of the crime Nos. 1, 2, and 3 of the judgment below, but all three times were released on the same day or the next day. On the third day of the release, the Defendant again committed the crime No. 4 of the judgment of the court below on the date of the release, resulting in the arrest of the person in the act of committing the crime and detention.

In addition to the above circumstances and the motive leading up to the instant crime, the circumstances after the commission of the instant crime, the age, character and conduct, family relation, environment, occupation, etc. of the Defendant, and all the circumstances constituting the conditions of sentencing as shown in the pleadings.

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