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(영문) 서울고등법원 2013.10.11 2013노2564
사기등
Text

Defendant

In addition, the appeal by the candidate for medical treatment and custody is dismissed.

Reasons

1. Part of the defendant's case

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

B. The judgment is made by the defendant and the candidate for medical treatment and custody, and the defendant shall be given the "defendant."

In addition, the fact that the person himself/herself acknowledges the crime and repents the mistake, and the fact that he/she has caused the crime due to alcohol dependence, etc. should be considered.

However, the crime of this case is committed by deceiving victims over 11 times while the defendant has no intention or ability to pay the price, and by deceiving them after receiving the alcohol and food, and considering the specific contents, frequency, etc. of the crime, the crime of this case is serious.

The crime has been committed repeatedly during a relatively short period of time.

The victims have not recovered properly.

The Defendant had been already punished several times due to a crime of the same type of crime. However, after completing the execution of punishment based on the same crime on September 7, 2012, the Defendant committed the instant crime during the period of repeated crime.

In full view of all the sentencing conditions in the instant case including the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime, and the result of the application of the sentencing guidelines by the Supreme Court Sentencing Committee, the lower court’s sentence against the Defendant is too unreasonable compared to the Defendant’s degree of responsibility.

Therefore, the defendant's assertion is without merit.

2. When the part of a medical treatment and custody application case has filed an appeal against a prosecuted case, it shall be deemed that an appeal has been filed regarding a medical treatment and custody case pursuant to Article 14 (2) of the Medical Treatment and Custody Act, but it shall not include the grounds for appeal or appeal

Even if ex officio, according to the result of the mental evaluation of the defendant, the defendant's emotional unstable at the time of the case due to the dependent influence of alcohol and alcohol intake.

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