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(영문) 창원지방법원 2018.10.24 2018노1084
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, with mental and physical disorder, committed the instant crime under the condition of physical and mental loss or mental weakness by drinking alcohol.

B. Sentencing (Punishment of the lower court: fine of KRW 1,500,000)

2. Determination

A. The circumstance where the Defendant committed the instant crime under the influence of alcohol is acknowledged, but in view of the details and methods of the instant crime, the details of the crime, and the conduct before and after the crime, etc., the Defendant does not seem to have reached the instant crime under the influence of distinguishing things or losing or lacking the ability to make a decision.

Defendant’s assertion is without merit.

B. The lower court rendered a sentence by taking into account the following circumstances: (a) the Defendant had a history of having been punished several times for the same crime; (b) the Defendant committed the instant crime since he had been released from prison after having completed the execution of imprisonment for the same crime; (c) the method of committing the instant crime that had escaped from prison after having been sentenced without prison labor; and (d) the fact that the Defendant did not recover from the instant crime until now; and (c) the circumstances favorable to the recognition of the instant crime have not been achieved; and (d) the sentence was imposed by taking into account equity with the case where the Defendant was adjudicated simultaneously with the instant crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) in which the judgment became final and conclusive; and (e) the Defendant’s age, sex behavior, environment, motive and means

The grounds for the unfair sentencing (e.g., the reflection of the defendant and the equality with the case where the judgment was rendered simultaneously with the crime for which the judgment became final and conclusive) alleged by the defendant appear to have been sufficiently considered in determining the punishment against the defendant, and otherwise, the above sentencing conditions have changed.

There is no circumstance to see the above sentencing conditions, and when considering the above sentencing conditions, the court below's punishment is made within the reasonable scope of discretion.

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