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(영문) 서울중앙지방법원 2018.01.19 2017노4291
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant had mental and physical loss or mental weakness at the time of committing the instant crime due to mental disorder, such as physical disorder and mental disorder.

B. The sentence sentenced by the lower court (one hundred months of imprisonment and two years of suspended sentence in February) is too unreasonable.

2. Determination

A. The Defendant, claiming mental disorder, has a record of having received past treatment due to both polar disorder and alcohol dependence.

However, in light of the circumstances leading up to each of the instant crimes, the Defendant’s behavior and attitude before and after the commission of each of the instant crimes, it cannot be deemed that the Defendant had lost or weak ability to discern things or make decisions due to the extreme disorder at the time of each of the instant crimes.

Therefore, this part of the defendant's argument is without merit.

B. The following are the circumstances: (a) the Defendant appears to have committed the instant crime; (b) the Defendant, who was smoothly agreed with the victims in the lower court; (c) the Defendant suffers from the dynamic disorder; (d) the Defendant lives together with the aged’s mother; and (e) the crime of fraud ought to consider equity with the case of judgment at the same time as the crime of assault, etc. for which the judgment became final and conclusive.

However, the sentencing of the court below seems to have been determined by fully considering these favorable circumstances, and there are no special circumstances or changes in circumstances that may newly consider the sentencing in the appellate court.

In particular, as the court below properly explained, the defendant committed a crime against the disabled persons living in the same apartment complex, and the nature of the crime is not very good considering the details and contents of the crime.

The defendant committed a crime of this case, even before committing the crime of this case, and each of the crimes of this case committed during the period of suspension of execution or immediately after the detention is revoked, and thus, the defendant's compliance consciousness is also the same.

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