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(영문) 부산지방법원 2012.11.16 2012노1924
사기등
Text

All appeals filed by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A(1) A’s mental and physical disorder was in the state of mental disorder or mental disability due to taking place at the time of each crime of injury, damage to property, and obstruction of business as indicated in the judgment of the court below, and even though this was the reason for exemption or mitigation of punishment, the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

(2) The sentence of imprisonment (two years of imprisonment) imposed by the lower court on the Defendant is too unreasonable.

B. Defendant B’s imprisonment (six months of imprisonment) sentenced by the lower court is too unreasonable.

C. Defendant C’s imprisonment (one year and three months of imprisonment) sentenced by the lower court is too unreasonable.

Each sentence sentenced by the court below to Defendant A and C is too unhued and unfair.

2. Determination

A. In full view of the evidence duly admitted and examined by the court below as to Defendant A’s mental and physical argument, Defendant A did not have the ability to discern things or make decisions due to the taking of the instant crime.

Since it seems that the defendant A was in a state or weak, the above assertion by the defendant A is without merit.

I would like to say.

B. We examine the judgment on the assertion of unfair sentencing against Defendant A by the public prosecutor on the assertion of unfair sentencing against Defendant A, various circumstances favorable to the defendant (i.e., the defendant confessions all the facts constituting the crime of this case and expresses that the mistake is divided in depth, and the family members of the defendant wanting to take active care of and lead to the defendant, and thus wanting to take the defendant's wife against the defendant, and the victim of the crime of fraud of this case, bodily injury, damage to property, damage to property, obstruction of business, and agreement with I and K was reached, and the above victims do not want to be punished, and the crime of violation of the Specialized Credit Finance Business Act is committed in preparation).

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