(영문) 인천지방법원 2016.10.20 2016노2591 | 리걸엔진

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Reasons

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줄 간격

자간(%)

(영문) 인천지방법원 2016.10.20 2016노2591

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of each of the instant crimes, the Defendant was in a state of mental and physical disability or mental disability due to drinking.

B. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.

2. Determination

A. According to the record of judgment on the assertion of mental disorder, it is recognized that the defendant had drinking alcohol at the time of each of the crimes in this case.

However, in light of the background, process, means and method of the instant crime, the Defendant’s conduct before and after the instant crime, etc. admitted by the evidence duly adopted and examined by the lower court, it is difficult to view that the Defendant was in a state of mental disability or mental disorder due to drinking at the time of the instant crime

Therefore, the defendant's argument on this point is without merit.

B. It is recognized that the Defendant’s confessions the crime and reflects the mistake, and that the total amount of damages for each of the instant crimes is a relatively small amount.

However, in full view of the various circumstances, including the Defendant’s age, character and conduct, motive, means and consequence of the instant crime, which were provided with food or PC-using services from the victims, and through intimidation to some victims, the nature of each of the instant crimes is not good, the frequency of the crimes is considerable and has not recovered from damage, and there are many records of criminal punishment including the Defendant’s criminal punishment. Each of the instant crimes was committed on August 13, 2015 by having been sentenced for eight months as a result of the Defendant’s attempted crime, etc., and committed a second offense without being aware of the fact that the Defendant was committed during the period of repeated crime, and the execution of the sentence was completed without being aware of the fact that the Defendant was committed during the period of repeated crime. In full view of all the various circumstances, it is unreasonable for the lower court’s punishment to be too unreasonable.

Therefore, the defendant's assertion on this point is without merit.

3. Conclusion.

유사 판례

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