(영문) 부산지방법원 2015.10.29 2015노2982 | 리걸엔진

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Reasons

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자간(%)

(영문) 부산지방법원 2015.10.29 2015노2982

절도등

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to each injury on May 5, 2015, the Defendant was under the influence of alcohol at the time of committing the instant crime, and the Defendant was under the influence of alcohol, lost or weak capacity to distinguish things and make decisions.

B. The lower court’s sentencing (three-year imprisonment) is too unreasonable, even if not, on the other hand.

2. Determination

A. According to the record of the judgment on the assertion of mental and physical disorder, even though the defendant was deemed to have drunked at the time of committing each of the crimes in this part, the defendant did not have the ability to discern things or make decisions due to drinking, in full view of the amount of drinking alcohol and the amount of reputation, the background and method of the crime in this part, the method and method of the crime, the defendant's speech and attitude before and after the crime in this part.

Since it does not seem that it was or weak, this part of the defendant's assertion is rejected.

B. The Defendant’s judgment on the assertion of unfair sentencing is against the victim C and M prior to the judgment of the court below that recognized all the crimes of this case, agreed to the victim C and M before the judgment of the court below, additional agreement was made with the victim D in the trial, and the Defendant’s mother wanting to take the Defendant’s wife, etc. in favor of the Defendant, but each of the crimes of this case is not easy, such as theft of money from the victim’s account or deception of a large amount of money from the victim’s account after deceiving the victims by taking advantage of the sexual intercourse system with the victims, and use credit cards, etc., and there is no evidence regarding the fact that the Defendant did not yet agree with the victim, and there was no evidence regarding the fact that the damage was recovered even though the Defendant did not have a large amount of money stolen or stolen, and even if the Defendant had been punished several times including the same type of punishment before, the Defendant committed each of the crimes of this case during the period of repeated offense. In particular, the Defendant was bound by the victim C and

유사 판례

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