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(영문) 의정부지방법원 2020.06.18 2020노746
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (six months of imprisonment) is too unreasonable.

2. The defendant shows his attitude to reflect in depth the error.

The defendant is a disabled person of the third degree of mental disability and the fourth degree of spine disability due to traffic accidents, and is making it difficult for the elderly of the age of 81 and the basic living recipient as a disability pension of small amount.

There are no criminal records for the accused, and there are no criminal records for the accused except two times before and after the fine.

On the other hand, the defendant is not very good in motive or circumstance to commit the crime by deceiving the victim with a language disorder in high school-friendly and hearing disability third grade, and receiving a credit card, using it as entertainment expenses or withdrawing cash in entertainment bars, singing practice rooms, etc.

The amount of damage is excessive and the damage was not recovered completely.

The victim, who was unable to pay the credit card fee by the defendant for the crime, has deteriorated his family influence and health, and again appealed to the court of the original instance, and the defendant appealeded to a severe punishment against the defendant in the trial.

In addition, considering the various sentencing factors shown in the arguments, such as the defendant's age, living environment, motive and background of the crime, and relationship with the victim, and the sentencing guidelines of the Supreme Court (recommended range: June to February: March), which the court below explained in detail by the court below, it is too unreasonable for the court below to sentence the lowest sentence of the recommended sentence.

The Defendant’s assertion of unfair sentencing is difficult to accept.

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

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