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(영문) 부산지방법원 2017.06.02 2017노1329
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant suffered from mental illness such as bipolartic disorder, unstable disorder, etc., and thus lacks the ability to discern things or make decisions.

2) The sentence of the lower court (four months of imprisonment) is too unreasonable.

B. The prosecutor (unfair sentencing)’s sentence is too unhued and unreasonable.

2. Determination

A. According to the Defendant’s assertion of mental and physical weakness, the record reveals the fact that the Defendant suffered from both polar and emotional disorder, scarcity disorder, etc., but in full view of the circumstances leading up to the Defendant’s crime, the means and method of the crime, and the conduct before and after the crime, etc., the Defendant had weak ability to discern things or make decisions.

does not appear.

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

B. We examine both the defendant and the prosecutor’s unfair argument of sentencing with regard to each unfair sentencing of the defendant and prosecutor.

The circumstances, such as the defendant suffering from mental illness, the person with a disability from the sixth-class visual perspective, and the fact that the defendant has been guilty more than 30 times under favorable circumstances, and the crime of this case was committed during the same repeated crime period, the same kind of case trial, and the fact that there is no agreement with the victim can be considered under unfavorable circumstances.

In addition, considering various sentencing conditions, such as the defendant's age, sex, environment, motive, means and consequence of the crime, etc., the sentence of the court below is too heavy or unreasonable.

Therefore, the argument that the sentencing of the defendant and the prosecutor is unfair is without merit.

3. The appeal filed by the Defendant and the prosecutor in conclusion is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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