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(영문) 대구지방법원 2015.12.24 2015노4185
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant suffered from mental illness at the time of the instant case, and was in a state that lacks the ability to discern things or make decisions.

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

2. Determination

A. Although the circumstance where the defendant suffered from mental illness is recognized, it is not recognized that the defendant suffered from mental illness in light of the background leading up to each of the crimes of this case, the details of the crime, the defendant's attitude, and the circumstances before and after the crime, etc., the defendant did not have the ability to discern things or make decisions.

This part of the defendant's assertion is without merit.

B. It is recognized that the defendant led to the confession of facts charged and agreed with the majority of the victims.

However, in full view of the fact that the defendant has been punished several times for the same crime, and that the defendant repeatedly committed the same crime while being prosecuted and tried by the court of first instance, and that there are many victims and the victims are petty merchants, the amount of damage is not much significant, taking into account the fact that the defendant's age, environment, occupation, family relationship, circumstances leading to the crime of this case, and circumstances after the crime, the court below's sentence is unreasonable.

3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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