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(영문) 인천지방법원 2017.10.13 2017고단5257

사기등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 17, 2017, the Defendant: (a) around 19:40, on the “E” restaurant operated by the victim D in Gyeyang-gu Incheon, Gyeyang-gu, Incheon; (b) had the same attitude of paying the drinking value to the victim in a normal manner despite the victim’s intent or ability to pay the drinking value; and (c) ordered the alcoholic beverage and the alcoholic beverage; and (d) had been provided to the victim with 20,000 won in total from the victim’s market price and 20

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. A written statement of F and G;

1. Investigation report (investigation into payment ability);

1. Application of receipts, appended photographs statutes;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Scope of the recommended punishment according to the sentencing guidelines [type of determination] - Class 1 (under KRW 100,00) (under KRW 100) (person subject to special sentencing) - Where punishment is not imposed or considerable damage is recovered, [the scope of the recommended punishment] mitigated area / one month to one year [the scope of the recommended punishment] mitigated area / Reduction area / Reduction of one year from one month to one year [the person subject to general sentencing] mitigated element: Serious radius;

2. Whether or not the suspension of execution (main reason) - Unfavorable: A previous conviction for the same kind (not more than five years, not more than a suspension of execution, or not less than three times): positive: where substantial damage is considerably small or substantial damage has been recovered, the penalty partner [general circumstances] - A previous conviction for the same kind of crime or not less than two times of suspension of execution - positive: Serious reflectness, and the Defendant’s health condition is very good;

3. The Defendant who has been sentenced to 26 times criminal punishment, and among them, the same criminal conviction reaches 12 times.

The defendant is highly likely to be subject to criticism by committing the crime of this case during the suspension of execution.

The defendant, upon receiving a report, does not seem to have a good condition after committing the crime, such as taking a bath against the police officer dispatched.