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(영문) 서울서부지방법원 2018.04.05 2017노1681
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant had mental and physical weakness due to recognition disorder, etc.

B. The lower court’s sentence against an unfair defendant in sentencing (eight months of imprisonment) is too unreasonable.

2. Determination

A. According to the statement of a copy of the record of the obligation to make a program submitted by the defense counsel on the assertion of mental and physical weakness, it is recognized that the defendant suffered a somewhat change of character, such as that the defendant will engage in a serious and dynamic consumption from April 2015 to April 29 of the year 2014, on the other hand, while the defendant has a drinking place in the amusement place in the operation of the victim on 12 occasions between January 4, 2016 and January 29 of the same month, and the defendant will repay every "in the next time."

In full view of all the circumstances, such as the circumstance leading up to each of the crimes of this case, the defendant's behavior before and after the crime of this case, the defendant's attitude at the investigation agency and the court's statement, such as the exemption from payment of the price, the defendant prepared a cash custody certificate stating the victim's name and address, and the defendant's demand for payment from the victim, and the defendant's entry to the above amusement center was suspended, etc., it cannot be deemed that the defendant's mental and physical weakness status, which are the legal grounds for mitigation of liability, has reached.

Therefore, the defendant's above assertion is without merit.

B. As to the wrongful assertion of sentencing, the defendant seems to have consistently avoided liability by notifying the victim of his personal information by falsely notifying the victim of his/her responsibility, and the defendant did not completely recover from damage up to the depth of the case, and the defendant merely vindicates that each of the crimes of this case was caused by the aftermath of a traffic accident, and does not seem to be contrary to the truth. Other facts, such as the defendant's age, sexual conduct, environment, family relationship, and crime.

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