(영문) 창원지방법원 2013.12.12 2013노1905 | 리걸엔진

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(영문) 창원지방법원 2013.12.12 2013노1905

사기등

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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 health and injury due to depression, etc.

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

2. Determination

A. In light of the circumstances leading to each of the crimes in this case, the means and methods of the crime, the circumstances after the crime, and the defendant's speech and behavior, which are recognized by the court below as being lawfully adopted and examined, the defendant's ability to discern things or make decisions due to depression at the time of each of the crimes in this case cannot be deemed to have reached a weak state. Thus, the defendant's assertion of mental and physical disability is without merit.

B. We examine the argument of unfair sentencing, and recognize the following facts: (a) the Defendant’s acknowledgement of all the crimes of this case and reflects his mistake; and (b) the amount of damage to each of the crimes of this case is not so significant.

However, the defendant has been punished by imprisonment and a fine several times due to the same crime, and the defendant repeatedly committed each of the crimes in this case during the period of repeated crime even after he/she was sentenced to imprisonment for a special robbery on March 31, 201 and completed the execution of the sentence on March 7, 2013 on March 7, 2013, and the defendant has not been able to faithfully endeavored for the repayment of damage up to the trial. In full view of the defendant's age, character and behavior, character and environment, intelligence and environment, motive and background of the crime, method, method and consequence of the crime, criminal records, conditions before and after the crime, etc., the sentence imposed by the court below is too unreasonable. Thus, the defendant's assertion of unfair sentencing is not justified.

3. Thus, the defendant's appeal of this case is without merit, and it is in accordance with Article 364 (4) of the Criminal Procedure Act.

참조조문

-형사소송법 제364조 제4항

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