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(영문) 서울동부지방법원 2019.03.28 2018노1770
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant committed each of the instant crimes in a state of mental disability due to alcohol dependence at the time of the crime in the lower judgment.

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

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the claim of mental disability, even though the defendant is deemed to have a drinking alcohol at the time of each of the crimes in this case, even if the defendant was found to have weak ability to discern things or make decisions due to alcohol dependence at the time of each of the crimes in this case, in light of the fact that the defendant had been punished several times prior to each of the crimes in this case, even if he had been under the influence of alcohol and had been punished, the defendant could have predicted his behavior at the risk of preventing the crime after drinking and caused mental and physical disorder by himself. Thus, the above act of the defendant is governed by Article 10(3) of the Criminal Act, and cannot be legally mitigated due to mental and physical disability.

Therefore, the defendant's argument of misunderstanding of legal principles is without merit.

B. In light of the arguments in this case and the reasons for sentencing indicated in the records on the assertion of unfair sentencing, namely, the Defendant’s assertion of unfair sentencing, that is, the Defendant’s mistake is against his wrong when committing the crime in this case, the amount of damage caused by fraud is not high, and the attitude and risk of each of the crimes in this case, and the Defendant’s criminal records, etc., the lower court’s sentencing appears to have been reasonably determined by fully considering all the circumstances, including various grounds for sentencing asserted by the Defendant, and there are no special circumstances to the extent that the sentencing is modified

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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