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(영문) 의정부지방법원 2015.07.14 2015노1157
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was in a mental and physical state due to alcohol proof, etc.

B. The lower court’s sentence of unreasonable sentencing (one million won of fine) is too unreasonable.

2. Determination

A. According to the records on the assertion of mental disorder, it is acknowledged that the defendant was receiving medical treatment due to mental illness such as alcohol proof at the time of the crime of this case, but in light of the circumstances before and after the crime of this case, the method of crime, the specific contents of the crime and the criminal records of the defendant, etc., it is not deemed that the defendant was in a state that he did not have or lacks ability to discern things or make decisions due to the above mental disorder at the time of the crime

B. 1) Determination on the assertion of unreasonable sentencing is recognized as follows: (a) the Defendant led to the instant crime and is against the Defendant; and (b) the amount of damage caused by the instant crime is less than the amount of damage. However, even though the Defendant had several criminal power, the Defendant committed the instant crime and was highly at risk of recidivism; (c) the victims have not recovered from damage; and (d) other factors such as the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime, circumstances before and after the instant crime; and (e) all other factors of sentencing as indicated in the argument of the instant case, the lower court’s punishment is too unreasonable.

3. 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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