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(영문) 대전지방법원 2016.06.15 2016노827
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, with mental and physical disorder, was drunk due to alcohol dependence, shock disorder disorder symptoms, etc., and accordingly, committed each of the instant crimes under the lack of ability to discern things or make decisions.

B. The punishment sentenced by the lower court (one year of imprisonment) is too unreasonable.

2. Determination

A. According to the record as to the assertion of mental and physical disorder, it is recognized that the defendant experienced alcohol dependence, impulse impulse disorder disorder symptoms, etc., and was drinking at the time of each of the crimes in this case.

However, in light of the background leading up to the Defendant to commit the crime, the means and method of the crime, the circumstances before and after the commission of the crime, the attitude of the police officer in mobilization, and the criminal records of the same crime committed by the Defendant, etc., the Defendant was under the influence of alcohol dependence at the time of the instant crime, symptoms of shock disorder, etc., and had no or weak ability to discern things or make decisions.

It does not appear.

Therefore, the defendant's mental disorder is not accepted.

B. As to the wrongful assertion of sentencing, the following are the circumstances favorable to the Defendant: (a) the Defendant reflects each of the instant crimes; (b) the amount of damage caused by each of the instant frauds is not a relatively large amount; (c) the degree of assault used at the time of the commission of official duties is minor; (d) the Defendant is likely to have proved alcohol dependence; and (e) the Defendant appears to have repeatedly committed theless crime while under the influence of alcohol.

On the other hand, the crime of this case was committed by the Defendant 8 months without prison labor and 5 months during which the Defendant committed the fraud, and obstructed the performance of official duties by taking a bath and assault against the police officer called out after receiving a report on a non-exclusive type. The crime of this case was committed repeatedly against the majority victims during the short period, and was not restored to the victims’ damage.

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