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(영문) 서울중앙지방법원 2014.04.04 2013노4442
사기미수등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. A. The Defendant was in a state of mental disability at the time of committing the instant crime due to mental illness caused by a cerebrovascular in the past.

B. The first instance sentencing (one million won of fine) on the accused is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the first instance court as to the claim of mental disability, it is recognized that the defendant was treated as brain-dead at around June 4, 2013 and received a diagnosis of the detailed uncertainty or symptoms mental disorders after being examined. However, in light of the contents of each of the crimes in this case, the circumstances arrested by the defendant as a flagrant offender, the defendant's attitude and state that the defendant appeared to have the ability to discern things or make decisions due to mental illness at the time of the crime in this case, and thus, the defendant's argument of mental disability is without merit.

B. In full view of the circumstances that led to the Defendant’s instant crime, the details of the instant crime, degree of damage, Defendant’s age, character and conduct, environment, criminal records, and circumstances after the instant crime, etc., the sentencing of the first instance court on the Defendant cannot be deemed to be unfair because the sentencing of the Defendant is too inappropriate. Thus, the Defendant’s allegation of unfair sentencing is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit.

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