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(영문) 서울남부지방법원 2017.08.11 2017노604
전자금융거래법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, who was mentally and physically weak, was suffering from eutic and emotional disorder with a mental disability of grade 3, with a mental disorder of grade 3, at the time of committing the instant crime.

B. The punishment sentenced by the lower court (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. According to the record of the determination on the assertion of mental and physical weakness, the Defendant was deemed to have physically disabled persons of Grade III, and received mental and physical treatment due to the depression or mental disorder in 2005 to 2006, but did not have received any mental and physical treatment before and after the instant crime. In light of various circumstances, such as the circumstance of the instant crime, method of the crime, the Defendant’s act before and after the instant crime, and the Defendant’s motive or process, which are recognized by the evidence duly adopted and investigated by the lower court, and where it is clearly memory to some extent, the Defendant had weak ability to distinguish things or make decisions due to the foregoing disease at the time of the instant crime.

does not appear.

B. In full view of the circumstances that the lower court rendered on the grounds of sentencing and all the sentencing conditions shown in the records and arguments of this case, the sentence imposed by the Defendant is deemed appropriate and too unreasonable.

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

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