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(영문) 대구지방법원 2016.09.21 2016노2833
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 in a state of mental and physical loss or mental weakness for the treatment of depression diseases.

B. The punishment sentenced by the lower court (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. According to the record on the assertion of mental and physical disorder, even though it is recognized that the Defendant was suffering from friendly disease, such as receiving hospitalized treatment for the evaluation and treatment of addiction at AA Hospital located within the Z in Yongcheon-si around August 2014, the Defendant provided a relatively concrete and reasonable explanation about the crime committed from the investigation agency to the court of the trial at the time of the trial at the time of the crime, and in light of the background, process, means and method of the crime, and the Defendant’s act before and after the crime at issue, etc., the Defendant had no or weak ability to discern things at the time of each of the instant crimes.

subsection (b) of this section.

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

B. It is recognized that the Defendant’s judgment on the unfair argument of sentencing is divided into his mistake, that the amount of damage is not significant, that part of stolen goods was returned to the victim D and R, that the damage was restored to the victim G, and that the victim D did not want the Defendant’s punishment.

However, the defendant has been sentenced to a fine and punishment for the same crime several times, and has the record of being punished for the same crime, as well as the fact that the defendant committed each of the crimes of this case without being aware of the period of repeated crime, and at the same time, most of the damage except for partial recovery was not recovered, and the victim did not agree with the victims, and in light of the form of each of the crimes of this case, the nature of the crime is bad, and the defendant's age, sexual behavior, environment, motive, means and consequence of each of the crimes of this case, and circumstances after the crime are shown in the arguments of this case, such as the age of the defendant, sexual behavior, and environment.

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