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(영문) 서울북부지방법원 2014.04.10 2014노220
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of stopping each of the instant crimes, the Defendant, with mental disorder, was drunk and was in a state of mental disability.

B. The sentence imposed by the court below on the defendant (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. According to the records of mental and physical disorder, it is recognized that the defendant committed each of the crimes of this case while drinking, but in light of the circumstances before and after committing each of the crimes of this case, the circumstances leading to each of the crimes of this case, the defendant's behavior at the time of committing each of the crimes of this case, etc., it cannot be deemed that the defendant lacks the ability to discern things or make decisions due to drinking. Thus, the defendant's mental and physical disorder argument is without merit.

B. The Defendant was sentenced to one year of imprisonment by the Seoul Northern District Court on December 13, 2012, and the execution of the sentence was completed on October 19, 2013, and the Defendant started to commit each of the instant crimes during the repeated crime period for which the two months have not yet elapsed since then, and the victims suffered losses by the Defendant’s each of the instant crimes were small amount, but most victims appear to have been under the circumstance where the damage was unrepared even if they were to live together by day, the damage was not recovered at all, and taking into account the circumstances leading to each of the instant crimes, the circumstances leading up to each of the instant crimes, the Defendant’s age, character and conduct, environment, occupation and family relationship, etc., the Defendant’s allegation of unfair sentencing cannot be deemed unfair because the Defendant’s sentence imposed by the lower court is too unreasonable.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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