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(영문) 춘천지방법원 2013.05.01 2013노99
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental disability due to drinking at the time of the instant crime.

B. The sentence of unfair sentencing (one year of imprisonment) by the lower court is too unreasonable.

2. Determination

A. In full view of the circumstances leading up to the instant crime, the means and method of the crime, the act of the defendant before and after the crime, the circumstances after the crime, and the amount of the defendant's reputation, which are acknowledged by the evidence duly adopted and examined by the court below as to the claim of mental retardation, it cannot be seen that the defendant was found that he had a considerable number of drinking at the time of the instant crime, but it does not seem that the defendant had a lack of ability to discern things or make decisions, and thus, the above argument by the defendant

B. Regarding the assertion of unfair sentencing, considering various conditions of sentencing, including the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, and circumstance after the crime, etc., the lower court’s punishment is too unreasonable, and thus, it is not recognized that the Defendant’s above assertion is too unreasonable, since it is not reasonable in light of the following: (a) the Defendant may have the power to be punished for the same crime, (b) the period of repeated crime due to the same kind of crime, (c) the Defendant did not meet the repeated crime period; (d) the degree of damage from the crime of this case is considerable; and (e) the victims and victims did not compensate for damage;

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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