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(영문) 대구지방법원 김천지원 2013.05.16 2013고정248

사기등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Around 04:30 on January 10, 2013, the Defendant, even though he did not have the intent or ability to pay the alcohol and the alcohol in the Drascul of the Victim C’s Operation Drasc, a total of 260,000 won at the market price, was provided by two owners of both sides and the Ansan and acquired pecuniary benefits equivalent to the same amount.

2. At around 08:15 on January 10, 2013, the Defendant damaged goods for public use: (a) caused the damage of goods at a public office by destroying two copies of glass windows (80,000,000,000,000,000,000,000 won) in which the repair cost would amount to KRW 80,00,00,000 of the repair cost would be 80,000 by the police officer who belongs to the above F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F item voluntarily present in the above F F F F F F F F F F F F F F F F F F F F F F F item voluntarily and confirmed to be a prisoner of a fine and arrested;

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of C and G;

1. A report on investigation (on photographing) and a photograph attached thereto;

1. Application of the Acts and subordinate statutes applicable to a report on investigation (a written estimate attached) and a written estimate;

1. Relevant Article 347(1) of the Criminal Act, Article 141(1) of the Criminal Act and Article 141(1) of the Criminal Act, the choice of a fine for a crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act shall apply mutatis mutandis;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. As to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act, the Defendant asserts that the Defendant committed a crime as stated in paragraph (2) of the judgment while under the influence of alcohol. As such, it is determined by selecting it as a claim on mental and physical disability. According to the record, the Defendant may recognize the fact of drinking at the time of the above crime, but the circumstance leading up to the Defendant’s crime and the means of the crime.