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(영문) 서울남부지방법원 2016.04.15 2015고단4924 (1)

사기등

Text

A defendant shall be punished by imprisonment for six months.

Of the facts charged in the instant case, a public prosecution is instituted against each of the charges of assault and insult.

Reasons

Punishment of the crime

[criminal history] On January 7, 2015, the Defendant was sentenced to eight months of imprisonment with prison labor due to interference with business in the support of the Sugwon of Sugwon, and completed the execution of the sentence at the Ngju prison on July 22, 2015.

[Criminal facts]

1. On November 13, 2015, around 15:50 on November 13, 2015, the Defendant: (a) demanded the victim C (the victim South and the age of 51) to pay the credit alcohol on the front side of Guro-gu Seoul Metropolitan Government; and (b) demanded to show the walling, the Defendant destroyed the property owned by the victim by taking the victim’s face, satisfing the face of the victim using the satisfing, thereby damaging the 4.80,000 won of the market value on the floor by satisfing the satisfing sat at the bottom.

2. Crimes against victims E;

A. On November 14, 2015, the Defendant: (a) around 01:25, the G main points operated by the Victim E (FF 58 years old); (b) around the G main points operated by the victim E (FF 58 years old); (c) the Defendant placed an order with the attitude that, even if he was provided with the aware and alcohol from the injured party, he/she is deemed to have been paid without the ability or intent to pay the price; and (d) he/she received, from the injured party, the Defendant was provided with the aware and alcohol equivalent to the total market price of KRW 50,00 in the relevant place

B. The Defendant, at the same time and place as referred to in the preceding paragraph, destroyed property owned by the victim by having the victim take a 50,000 won visibility of the market price owned by the victim, which was caused by the victim’s demand for the payment of alcoholic beverages from the victim, and damaged the property.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement made by the police against C;

1. E statements;

1. A dispatch report on the spot, or a dispatch report on the spot report;

1. A criminal investigation report (hereinafter referred to as a "victim C") and a criminal investigation report (Attachment to a photograph of the shot light);

1. Photographs and receipt;

1. Previous convictions: Application of Acts and subordinate statutes, such as inquiry results, personal identification/ confinement status, and judgment text;

1. Relevant provisions of the Criminal Act, Article 366 of the Criminal Act, Article 347 (1) of the Criminal Act, and the choice of imprisonment, respectively, for the crime;

1. The Criminal Act for aggravated repeated crimes.