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(영문) 광주지방법원 2017.06.28 2017노1689
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since the Defendant, while under the influence of alcohol at the time of committing each of the instant crimes, committed each of the instant crimes under the influence of mental and physical loss or mental weakness, he cannot be punished for the Defendant, or the sentence against the Defendant should be mitigated.

B. The punishment of the lower court (the imprisonment of 4 months for each of the crimes listed in the holding Nos. 1 and 2, and the imprisonment of 3, 4, and 5 for each of the crimes listed in the holding) is too unreasonable.

2. Determination

A. According to the records of the instant case’s assertion of mental disorder, the Defendant was deemed to have been in a drunken state at the time of each of the instant crimes, but in full view of the developments leading up to each of the instant crimes, the means and methods of each of the instant crimes, and the circumstances before and after each of the instant crimes, the Defendant had no or weak ability to discern things or make decisions at the time of each of the instant crimes.

shall not be deemed to exist.

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

B. In full view of various sentencing conditions indicated in the records and arguments of this case, the lower court’s sentence cannot be deemed unfair, as it does not seem to be unfair, on the ground that the Defendant’s aforementioned assertion is without merit, since it does not seem that the lower court’s punishment is unfair, in full view of various sentencing conditions indicated in the records and arguments, including the following: (a) the fact that the Defendant was punished for the same kind of crime; (b) the Defendant committed the crimes of Articles 3, 4, and 5 in the

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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