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(영문) 창원지방법원 2015.04.29 2015노670
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was under the influence of alcohol at the time of committing the instant crime, and was in a state of mental disorder or mental disability.

B. The sentence imposed by the lower court (four months of imprisonment) is excessively unreasonable.

2. Determination

A. According to the records of mental and physical disorder, even though the defendant was aware that he had drinking at the time of committing the instant crime, the court below did not have the ability to discern things at the time of committing the instant crime or make decisions in light of various circumstances, such as the circumstances acknowledged by the evidence duly adopted and investigated by the court below, the behavior before and after the instant crime, and the means and method of committing the instant crime.

It does not seem to have reached a state of or weakness.

Therefore, the defendant's mental disorder is without merit.

B. Although there are favorable circumstances, such as the confession and rebuttal of unfair sentencing, and the fact that the amount of damage is relatively low, the crime of this case is obtained by obtaining alcohol, etc. from the victim without intent or ability to pay compensation. The defendant committed the crime of this case even in the past, even though he had been punished several times due to the same or similar crime, and even during the repeated period, he committed the crime of this case; the defendant did not reach an agreement with the victim; the court below sentenced the judgment of the court below by fully taking into account the favorable circumstances of the defendant; the scope of recommended sentence according to the sentencing guidelines of the Supreme Court Sentencing Commission (one to one year and six months), and other factors of sentencing specified in the records and arguments, such as the defendant's age, character and behavior, environment, motive, means and consequence, etc., after the sentence of the judgment of the court below, cannot be deemed unfair because the sentence imposed by the court below is too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is without merit.

3. Thus, the defendant's appeal is without merit.

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