(영문) 수원지방법원 2015.03.11 2014노7327 | 리걸엔진

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(영문) 수원지방법원 2015.03.11 2014노7327

상습사기

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Under the influence of alcohol, the Defendant committed the instant crime under the influence of alcohol and lacks the ability to discern things or make decisions, and there are legal grounds for reduction or exemption.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. In light of the background, process, means, and method of the instant crime, the Defendant’s behavior before and after the crime was committed, etc. as to the claim of mental retardation, it does not seem that the Defendant did not have the ability to discern things or make decisions at the time of ordering alcohol and food, and thus, the above assertion by the Defendant is rejected.

B. As to the assertion of unfair sentencing, the Defendant’s confessions all of the instant crimes and reflects on the assertion of unfair sentencing should be considered.

However, in full view of the following circumstances: (a) the Defendant committed fraud against many victims over a considerable period of time; (b) the Defendant committed such fraud; (c) the Defendant was not guilty; (d) the Defendant did not take any measures to recover damage; and (e) the Defendant had been sentenced to imprisonment with prison labor for the same offense as this case in the past; and (e) the Defendant had been punished several times thereafter; (b) the Defendant committed each of the instant crimes without any reflection; (c) the Defendant committed the instant crimes; and (d) the Defendant was highly likely to be subject to criticism and the Defendant’s age-oriented environment, etc.; and (e) the Defendant’s punishment is too unreasonable. Therefore, the Defendant’s assertion is rejected.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since all of the appeals are without merit, and the 10th part of the criminal facts stated in the judgment below shall be attached to the court below and the 1,352,00 won in total eight times, such as the attached list of crimes.

참조조문

-형사소송법 제364조 제4항

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