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(영문) 서울동부지방법원 2014.06.19 2014고단924

사기등

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal power] On July 24, 2013, the Defendant was sentenced to eight months of imprisonment for fraud, etc. at the Seoul Northern District Court on November 16, 2013, and completed the execution of the sentence at Seongdong-gu District Court on November 16, 2013. On March 27, 2014, the Seoul Eastern District Court sentenced one year of imprisonment with prison labor for obstruction of performance of official duties, etc., and the said judgment became final and conclusive on April 4, 2014.

【Criminal Facts】

1. On January 13, 2014, around 05:30 on January 13, 2014, the Defendant franchising the kimchi strawing, while driving as if he would pay the food value in the “Ecafeteria” operated by the victim D (V, 64 years old) located in Yangcheon-gu Seoul Metropolitan Government C.

However, there was no intention or ability to pay the food value.

The Defendant, as such, by deceiving the victim, was provided with food equivalent to KRW 4,00,00 at the market price from the victim’s seat.

2. The Defendant committed assault against the victim, on the above date, at the above place of assault, by using a kimchi tamper as seen above, who was asked to pay food value from the victim D, without any justifiable reason, on the victim’s face one time, and by walking the tamper two times by walking the tamper.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements (D);

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (Attachment of judgments), and application of three copies of written judgments;

1. Articles 347 (1) and 260 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 35 of the Criminal Act among repeated crimes;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. From among concurrent crimes, the fact that the defendant has repeatedly committed a crime, committed a repeated crime, committed a repeated crime, committed a repeated crime, not recovered from damage, while the defendant recognized the crime, and committed the crime in light of the facts constituting the crime in this case and the details of the last sentence and the criminal facts in the judgment, and the applicable criminal law.