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(영문) 서울남부지방법원 2014.06.13 2014노557
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant committed each of the instant crimes under the influence of alcohol in a state where it is difficult to adjust appraisal due to brain damage, etc., and thus, at the time of each of the instant crimes, was in a state of mental disorder or mental disability.

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

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of mental and physical disorder, the following facts were revealed: (a) the Defendant was fluencing and fluencing brain damage while drinking, resulting in shocking, brucing, and developing into a non-social character that makes it difficult to coordinate appraisal; (b) although the Defendant was aware that he had drinking at the time of each of the instant crimes, the Defendant was unable to have the ability to discern things or make decisions at the time of each of the instant crimes; and (c) in full view of all the circumstances, including the motive, background, means and methods of the instant crimes, the Defendant’s act before and after the crime, and the Defendant’s act

Since it cannot be seen that it has reached a state or weak, this part of the defendant's assertion is without merit.

B. In light of the following circumstances: (a) the Defendant’s deep-depth decision on the assertion of unfair sentencing is against the Defendant; (b) although the Defendant has been punished several times for the same crime, even though there were the past records of punishment, the Defendant is a repeated crime; (c) there is no change in circumstances that may consider the sentencing after the lower judgment; and (d) other various circumstances, such as the motive, background, means and method of each of the instant crimes; (b) circumstances after the commission of the crime; and (c) the Defendant’s age and happiness environment; and (d) circumstances that are conditions for sentencing under Article 51 of the Criminal Act as indicated in the instant records and arguments, the sentence imposed by the lower court is too unreasonable; and

3. Conclusion.

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