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(영문) 제주지방법원 2018.02.09 2017고단422

사기등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On November 28, 2016, the Defendant appeared to have the same attitude as paying the price to the victim in fact in E, operated by the victim D, Seopo-si, Seopo-si, in the absence of the ability to pay the price normally even if the victim received alcoholic beverages and entertainment services. Accordingly, the Defendant was provided the victim with the amount of KRW 2,300,000 per week and KRW 1,000,000 per annum of entertainment entertainment service, and acquired property benefits equivalent to KRW 40,000 per annum.

2. On November 28, 2016, the Defendant who intrudes upon his/her residence: (a) on the ground that the family members, such as the victim, etc., were unable to look away from the Defendant’s father at the house of the victim G (the 36-year old-old family members) in the front of the former wife located in the F of Seopo-si, Seopo-si, Seopo-si, 2016; and (b) on the ground that the family members, such as the victim, etc., were

“Along with the wall, the victim invadedd the victim’s residence by entering the house above the wall.”

Summary of Evidence

1. Statement by the defendant in court;

1. Legal testimony of witness G;

1. Application of Acts and subordinate statutes of D;

1. Relevant legal provisions of the Criminal Act, Article 347(1) of the Criminal Act (the fraudulent point), Article 319(1) of the Criminal Act (the point of intrusion upon residence), and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation is that the defendant committed each crime in the judgment during the suspended execution period, which was sentenced to special intimidation.

However, since the defendant recognized each crime, the probation period has been imposed as of the date of this judgment, and the victim does not want the punishment of the defendant, and the defendant is under treatment due to depression, etc., and will live faithfully in the future.

The punishment shall be determined as ordered in consideration of various circumstances, such as the situation after the crime, the age of the defendant, family relationship, environment, etc.