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(영문) 수원지방법원 안산지원 2016.04.28 2016고정61
사기등
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On July 24, 2015, the Defendant, at around 02:00 to 03:10, obtained pecuniary benefits equivalent to approximately KRW 140,000,00, in total, of approximately KRW 30,000, by making it difficult for the Defendant to pay the drinking value despite having no intention or ability to pay the drinking value, and by taking advantage of the fact that the Defendant would like to pay the drinking value, etc. in spite of no intention or ability to pay the drinking value, the Defendant acquired pecuniary benefits equivalent to approximately KRW 30,000, KRW 500, KRW 30,000, KRW 30,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The part dismissing public prosecution by comprehensively taking into account the following factors: although there are many criminal convictions for the defendant, it has been relatively long long, the defendant led to the confession of the crime in this case, the defendant agreed with the victim after the prosecution in this case, and the victim does not want the punishment in this case.

1. On July 24, 2015, the Defendant: (a) in the “E” operated by the victim D (V) of the victim D (V) in Ansan-si, Ansan-si; (b) around 03:10 on July 24, 2015, the Defendant used the victim’s 112 report on the ground that he did not pay the drinking value; (c) 10 times the victim’s son’s son’s son was knifeced; and (d) knife the son’s son’s son by hand; and (d) knife the victim’s son’s body by hand.

2. Determination and conclusion

(a) Crimes of non-violation of intention: Article 260 (3) of the Criminal Act;

B. Indication of the victim’s non-existence of punishment after the prosecution of the instant case

(c) Dismissal of public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;

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