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(영문) 서울서부지방법원 2014.02.06 2013노1391
사문서위조등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

Defendant

1) The Defendant was in a state of mental illness such as depression at the time of each of the instant crimes. 2) The sentence of imprisonment (one year of imprisonment) imposed by the lower court on the Defendant is too unreasonable.

The sentence imposed by the court below on the defendant is too unhued and unfair.

Judgment

According to the records of this case as to the defendant's claim of mental disability, the defendant may be found to have imprisoned the drug, such as anti-consule, due to depression from November 201 to February 2012. However, in light of various circumstances, such as the process and means of each of the crimes in this case, and actions before and after the crime, it is not deemed that the defendant had the ability to discern things or make decisions at the time of each of the crimes in this case, and therefore, the defendant's claim of mental and physical disability is without merit.

We also examine the defendant and prosecutor's assertion of unfair sentencing on the defendant and prosecutor's assertion of unfair sentencing.

Considering the fact that the defendant has been punished for the same type of crime, each of the crimes of this case has forged a new contract for mobile phone service and received a mobile phone from the victims by using it, which is very poor in the number of crimes, and that the defendant repeatedly committed each of the crimes of this case during the period of repeated crime, and that there is no agreement with the victims until the victims during the period of repeated crime, strict punishment against the defendant is necessary.

However, the circumstances favorable to the defendant are as follows: (a) the defendant made confession of all of the crimes in this case and reflects his mistake in depth; (b) the defendant has a parent-child relationship with which he should support; and (c) the defendant's health status is not good.

In full view of the above circumstances and various circumstances that serve as the conditions for sentencing as shown in the instant records and arguments, the Defendant is against the Defendant.

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