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(영문) 대구지방법원 2017.06.07 2016노5369
사기등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) At the time of each of the instant crimes, the Defendant was suffering from depression and alcohol dependence, and under the influence of alcohol, the Defendant was in a state of mental and physical weakness with weak mental and physical weakness that lacks the ability to discern things or make decisions.

2) The sentencing unfair judgment of the court below (No. 1: imprisonment with prison labor for 6 months; imprisonment for 1 year; imprisonment for 3 years; imprisonment with prison labor for 6 months; imprisonment for 4 months; imprisonment with prison labor for 6 months; and imprisonment with prison labor for 6 months) is too unreasonable.

B. The sentence imposed by the court below of the second instance on the defendant (one year of imprisonment) is too unhued and unreasonable.

2. Determination

A. We examine ex officio the judgment of the court below, and the defendant, as the prosecutor filed an appeal against the judgment of the court of first instance against the judgment of the court of second instance, and examined the appeal case in the court of first instance. As long as each crime of the judgment of the court below is in a concurrent relationship under the former part of Article 37 of the Criminal Act, the judgment of the court below should be rendered concurrently and a sentence should be imposed. In this regard, the judgment of the court below cannot be maintained any more.

However, the defendant's argument about mental and physical weakness is still subject to a trial by this court notwithstanding the above reasons for reversal of authority, and this is examined below.

B. According to the record on the Defendant’s assertion of mental and physical weakness, the fact that the Defendant was hospitalized on October 2013, around December 2013, around December 2013, around August 2016, around August 2016, and around November 2016 is recognized.

However, in light of various circumstances, such as the occurrence of each of the instant crimes and the details of the crimes, the behavior of the accused before and after the crime, the statement of the accused in an investigative agency, etc., it cannot be deemed that the Defendant lacks the ability to discern things or make decisions at the time of each of the instant crimes, and thus, the above assertion by the Defendant is

3. Conclusion.

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