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(영문) 의정부지방법원 2018.04.02 2018노545
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant had mental and physical loss or mental weak condition under the influence of alcohol at the time of committing the instant crime.

B. The sentence of the lower court’s unfair sentencing (two months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of mental disorder, it is found that the defendant had a drinking condition at the time of the crime of this case, but in light of the circumstances of the crime of this case, the defendant's movement at the time of the crime of this case, the method and method of the crime, and the circumstances after the crime of this case, the defendant was in a state that he had no or weak ability to discern things

It does not seem that it does not appear.

Therefore, the defendant's mental disorder cannot be accepted.

B. A favorable circumstance is that the Defendant recognized the instant crime and reflects the determination of the illegality of sentencing, the victim does not want the punishment against the Defendant by mutual agreement with the victim, and the principle of equity with the case where the judgment is to be rendered simultaneously with the act of fraud in the facts of the judgment.

However, in full view of all other circumstances that serve as the conditions for the sentencing of this case as shown in the records, including the Defendant’s age, sex, environment, background of the instant crime, and circumstances after the instant crime, even though the Defendant had been sentenced to multiple punishments, including the same kind of punishment, and was committed during the period of repeated crime, the Defendant’s above assertion by the Defendant is without merit.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

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