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(영문) 서울남부지방법원 2015.08.28 2015노1060
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal by the defendant;

A. At the time of the instant case, the Defendant was in a state of mental disability under the influence of her cerebral injury, ex post facto gift, and so on due to a traffic accident in 2005.

B. In light of the circumstances such as the fact that the defendant is against unreasonable sentencing, the punishment for four months sentenced by the court below is too unreasonable.

2. Determination

A. According to the records of mental illness, there is no evidence to acknowledge that the defendant suffered from mental illness at the time of the crime of this case, and the fact of drinking alcohol is recognized.

However, in light of the background leading up to the crime, the means and methods of the crime, and other circumstances after the crime, even if the defendant suffered from mental illness at the time of the crime, it seems that the defendant had a weak ability to discern things or make decisions due to mental illness or drinking. Thus, this part of the defendant's assertion is without merit.

B. Considering the circumstances such as the fact that the defendant is against unreasonable sentencing and the amount of damage of this case is only 24,000 won, considering the fact that the defendant's history of punishment for the same kind of crime reaches 20 times, and that it is a criminal act during the repeated crime period of the same kind of crime, taking into account various circumstances such as the defendant's age, character and conduct, intelligence and environment, motive, means and consequence of the crime, and circumstances after the crime, the court below's punishment is too unreasonable. Thus, this part of the defendant's assertion is without merit.

3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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