(영문) 수원지방법원 2018.06.01 2018노1461 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2018.06.01 2018노1461

사기등

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All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. A summary of the grounds for appeal 1) The Prosecutor’s sentence (six months of imprisonment) is too unhued and unreasonable.

2) At the time of preventing the instant crime, Defendant 1 suffered from mental illness, such as “stimulative disorder, mental disorder,” etc., and had weak ability to discern things or make decisions.

(2) The punishment of the lower court is too unreasonable.

2. In light of the background, means, and method of the instant crime, the Defendant’s act before and after the instant crime was committed, and the circumstances following the instant crime, etc. acknowledged by the evidence duly adopted and examined by the lower court in determining the Defendant’s mental and physical weakness, the Defendant was in a state of lacking ability to discern things or make decisions due to mental illness at the time of preventing the instant

It is difficult to see it.

Therefore, this part of the defendant's argument is without merit.

3. The lower court sentenced the Defendant to six months of imprisonment, taking into account the circumstances unfavorable to the Defendant and favorable circumstances.

In full view of the factors and sentences of the sentencing in this Court, the sentencing of the court below exceeded the reasonable bounds of its discretion when determining the sentencing.

There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.

In addition, considering the circumstances and results of the instant crime, the sentence of the lower court is appropriate, and it is not recognized that the sentence is too weak or unreasonable because it is too poor, even in light of the circumstances after the instant crime, the Defendant’s age, sex, family relationship, etc.

4. The conclusion prosecutor and the defendant's assertion are without merit, and all of them are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

유사 판례

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