(영문) 서울북부지방법원 2016.06.09 2016노619

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(영문) 서울북부지방법원 2016.06.09 2016노619

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of preventing the instant crime, the Defendant was physically and mentally deprived or physically weak due to a mental disorder.

B. The sentence sentenced by the lower court to the Defendant (one hundred months of imprisonment) is too unreasonable.

2. Judgment on the grounds for appeal

A. According to the record of the determination on the assertion of mental disorder, even though the defendant was deemed as Grade II with mental disorder and received drug treatment in the Sungdong detention house, the defendant was deemed to have no or weak ability to discern things due to mental disorder at the time of preventing the crime of this case in light of the following circumstances before and after the commission of the crime of this case, the circumstances leading to the crime of this case, and the defendant's behavior at the time.

Therefore, the defendant's mental and physical disability argument is without merit.

B. Although there are no circumstances to consider the circumstances such as the Defendant’s recognition of the instant crime and the fact that the victim C does not want the Defendant’s punishment, the lower court is already determined by taking into account the circumstances favorable to the Defendant; there is no special circumstance or circumstance that may be newly considered in sentencing after the sentence of the lower judgment; the Defendant again commits the instant crime during the period of repeated offense; and other circumstances that form the conditions for the instant pleadings and the sentencing indicated in the records, such as the Defendant’s age, sex, conduct, environment, motive and background of the instant crime, means and method of the crime, and the circumstances after the crime, etc., are comprehensively taken into account, it is not recognized that the sentence imposed by the lower court is too excessive and unfair.

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 (Provided, That the judgment of the court below No. 16 of the 16 of the Criminal Procedure Act on the ground that "the defendant is sentenced to four months of imprisonment for

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