Defendant

In addition, the appeal filed by the person who requested the medical care and custody is dismissed.

1. Summary of grounds for appeal;

A. The sentence (one year and three months) imposed by the lower court on the Defendant and the person in charge of care and custody (hereinafter “Defendant”) is too unreasonable.

B. It is unlawful for the lower court to sentence the Defendant to the medical care and custody in the part of the medical care and custody claim to the effect that there is no need to treat or risk of recidivism

Judgment

A. As to the part of the case of the Defendant, the Defendant recognized the entire crime and reflected the mistake, the degree of damage caused by the crime of the instant case is relatively heavy, and the victim of the instant case expressed his intention not to have the Defendant punished at the police. The fact that the Defendant repaid the amount of damage to the victim of the instant case to the Defendant during the investigation process is favorable to the Defendant that the Defendant repaid the amount of damage to the victim of the instant case.

However, the crime of this case is committed seven times by the defendant with no type of driving and free driving, and interferes with the main business by avoiding the disturbance that is demanded to pay the drinking value, and the crime liability is not minor in light of the method and frequency of the crime.

Furthermore, even though the defendant had already been subject to criminal punishment several times due to fraud, the defendant has committed the same crime during the repeated crime period.

In full view of the following circumstances, including these circumstances, the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, and the scope of the recommended sentence according to the sentencing guidelines, including the circumstances after the commission of the crime, etc., the sentence imposed by the lower court appears to fall under the scope of the appropriate sentence corresponding to its liability, and it is not determined that the sentence is unfair because it is too unreasonable.

Therefore, this part of the defendant's argument cannot be accepted.

B. As to the medical care and custody claim portion, the lower court comprehensively takes account of the circumstances indicated in its reasoning.