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(영문) 서울중앙지방법원 2017.04.13 2017노317
사서명위조등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, who is physically and mentally weak, is under medical treatment with a mental disorder. The instant crime also led to the physical and mentally weak disorder.

B. The sentence of the lower court (one year of imprisonment with prison labor for four months and one year of suspended execution) is too unreasonable.

2. Determination

A. In full view of the details and contents of the instant crime committed by the evidence duly admitted by the court of the lower judgment regarding the assertion of mental and physical weakness, and the overall circumstances before and after the commission of the crime, the Defendant had weak ability to discern things or make decisions.

It is not determined that the Defendant submitted on November 29, 2016, stated that “the Defendant appears to have symptoms, such as uneasiness, depression, creation of anti-competitive behavior, restriction on anti-competitive behavior, etc. due to public disorder.” However, in light of all the circumstances revealed in the records and changes in the records of this case, the Defendant was in a state of mental and physical weakness at the time of committing the instant crime.

It is difficult to see it.

This part of the defendant's assertion is not accepted.

B. The lower court sentenced the Defendant to four months of imprisonment and one year of suspended execution, taking into account various sentencing conditions, such as the fact that the victimized person who was assaulted by the Defendant was punished against the Defendant, but the Defendant, instead, recognized the Defendant’s mistake, did not focus on the degree of assault, or that the name of the stolen or forged letter was the mother of the Defendant.

In addition to the circumstances acknowledged by the court below, comprehensively taking account of the fact that there is no change in the conditions of sentencing in the court below and other circumstances that are the conditions of sentencing as shown in the records and arguments of this case, the court below's sentence against the defendant is within the reasonable scope of discretion.

We cannot accept this part of the defendant's assertion.

3. The appeal by the defendant is in conclusion.

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