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(영문) 수원지방법원 2014.04.04 2014노536
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, as a patient suffering from alcohol addiction, was drunk at the time of the instant crime, and was treated as a psychiatrist due to alcohol addiction.

The judgment of the court below that did not recognize the condition of mental or physical disability at the time was erroneous or misunderstanding the legal principles as to the mental or physical disorder, which affected the conclusion of the judgment.

B. One year of imprisonment imposed by the court below on the defendant is too unreasonable.

2. Determination

A. In light of the various circumstances indicated in the record, such as the time of the crime and the Defendant’s act before and after the crime regarding the assertion of mental disorder, the Defendant did not have the ability to discern things or make decisions by under the influence of alcohol at the time of crime

Since it does not seem that the defendant was in a state or weak condition, the above argument by the defendant is without merit.

B. The Defendant had a record of the same kind of crime in 19 times, and did not recover from damage.

In addition, considering the various circumstances, such as the age, character and conduct, environment, and circumstances of the crime, etc. of the defendant, even considering the circumstances alleged by the defendant, the sentence of the court below 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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