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(영문) 대구지방법원 2020.12.10 2020노2528
사기
Text

All judgment of the court below shall be reversed.

Defendant shall be punished by imprisonment with prison labor of one year and two months and a fine of two hundred thousand won.

The defendant above.

Reasons

1. Summary of grounds for appeal;

A. At the time of each of the instant crimes, the Defendant was under the influence of alcohol or suffering from a mental disease, and was in a state of mental disability by taking the mental and drugs.

B. The sentence imposed by the lower court on the Defendant (the first instance judgment: imprisonment with prison labor for a year and two months, the second instance judgment: a fine of 300,000 won, and the third instance judgment: imprisonment with prison labor for a month) is too unreasonable.

2. We examine ex officio the grounds for appeal by the defendant prior to determining ex officio.

The judgment of the court below against the defendant was rendered, and the defendant appealed on the grounds of mental disability and unreasonable sentencing, respectively, and the court decided to consolidate the above cases and examine the case.

However, since each crime recognized by the court of original judgment against the defendant is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, one punishment should be imposed pursuant to Article 38(1) of the Criminal Act, the judgment of the court of original judgment cannot be maintained as it is.

(4) In light of the above legal principles, the court below's decision on the grounds that the defendant's assertion of mental disability is still subject to the judgment of the court of this case, and considering the circumstances, means and methods of each of the crimes of this case, the defendant's act after the crime of this case, etc., the defendant did not have the ability to discern things or make decisions at the time of each of the crimes of this case. Thus, the defendant's assertion of mental disability of this case is without merit.

[Discied Reasons for the judgment] Summary of facts constituting an offense and evidence recognized by the court, the summary of the facts constituting an offense and evidence falls under each of the judgments below.

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