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(영문) 대구지방법원 2015.06.11 2014노4015
사기
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 disability due to mental disorder.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (two million won of fine) is too unreasonable.

2. Determination

A. In light of various circumstances, such as the circumstance of each of the instant crimes, the method and method of the crime, the circumstances before and after the crime, etc., even though the Defendant was found to have suffered from mental illness such as proof of alcohol, etc., the Defendant did not have the ability to discern things or make decisions at the time of each of the instant crimes.

It does not seem that there was or was a weak state.

B. The Defendant’s finding of the allegation of unfair sentencing is a favorable condition to the Defendant that both of the instant crimes are recognized, and that the Defendant reflects his mistake.

On the other hand, there are many records of criminal punishment including punishment imposed on the defendant for the same crime, and the fact that it seems that the victim has not been recovered from damage until now is disadvantageous to the defendant.

In full view of the aforementioned circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and various circumstances that form the conditions for sentencing as shown in the instant records and arguments, such as the circumstances after the crime, it cannot be deemed that the sentence imposed by the lower court is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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