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(영문) 서울남부지방법원 2020.12.15 2020노1768
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of each of the instant crimes, the Defendant had weak ability to discern things or make decisions due to stimulative disorder.

B. The court below's decision on unreasonable sentencing: one year and four months of imprisonment.

2. Determination

A. Comprehensively taking account of the evidence duly admitted and examined by the court below as to the claim of mental disability, the defendant is deemed to have been diagnosed and received medical treatment, but on the other hand, in light of various circumstances such as the background, method, and the defendant's behavior before and after the crime, it cannot be deemed that the defendant had a lack of ability to discern things or make decisions due to the above mental disorder at the time of the crime of this case. Thus, the above argument by the defendant is without merit.

B. The lower court’s sentencing does not seem to have exceeded the reasonable scope of discretion, and there is no change in sentencing conditions to deem that maintaining the sentencing of the lower court is unfair, and thus, the sentence of the lower court is too unreasonable, in light of the following: (a) some of the victims did not want the punishment against the Defendant; (b) there were several previous and several occasions of the Defendant; (c) re-offending the Defendant during the period of repeated offense; and (d) committed the crime committed repeatedly after being arrested and detained in each of the offenses; and (d) there are many victims who have not yet been agreed upon; and (c) other various conditions of sentencing as indicated in the instant argument, including the motive and background of the crime; (d) the degree of damage; (e) the character and conduct of the Defendant; and (e) the Defendant

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

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