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(영문) 의정부지방법원 2018.05.29 2018노905
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since misunderstanding of legal principles (mental and physical disorder) committed a crime under the influence of alcohol by the Defendant with mental and physical weakness, the lower court determined the punishment by means of statutory mitigation, but did so.

B. The sentence of the lower court (one year of imprisonment) against an unfair defendant in sentencing is too unreasonable.

2. Determination

A. In the case of a part of the judgment on the assertion of misunderstanding of legal principles, the Defendant appears to have entered a restaurant under the influence of drinking, and made a statement by memory of the situation before entering the restaurant, most of which are the place where the crime was committed, and the Defendant was under the influence of alcohol to the extent that it does not recognize that there was no money.

It does not seem that it does not appear.

Therefore, it cannot be deemed that the defendant under the influence of alcohol at the time of preventing each of the crimes in this case, thereby falling short of the ability to discern things or make decisions, and there is no other evidence to acknowledge this, the defendant's assertion of misunderstanding of the above legal principles is rejected.

B. The Defendant appears to have an attitude to recognize and reflect all of the crimes, the victims have fully repaid the amount of damage, the remainder of the victims except the victim J, and the fact that there is a ambome in the ambling of the disease is favorable to the Defendant.

However, on the other hand, the Defendant had already been punished for the same crime three times, two times a suspended sentence, and 17 times a fine. The Defendant was arrested and sealed on October 15, 2017, and was arrested on October 22, 2017, which was held in the lower judgment, on October 23, 2017. The Defendant committed each crime under the first sentence of 2018, the second sentence of 443, the second sentence of 2017, the second sentence of 2017, the second sentence of 4963, and the second sentence of 2017, the second sentence of 2017, the second sentence of 2017, the second sentence of 2017, the second sentence of 4963, and the second sentence of 2017, the Defendant was released on October 26, 2017, and then released on October 16, 2017.

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