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(영문) 울산지방법원 2017.11.23 2017고단3492
사기등
Text

Defendants shall be punished by imprisonment for three months.

Reasons

Punishment of the crime

1. Defendant A

A. On April 25, 2017, the Defendant ordered alcohol and alcohol to the victim E on the third floor of the building D in Ulsan-gun, Ulsan-gun, U.S., U.S. on April 25, 2017, even if he was provided with alcohol, alcohol, etc., as if he did not have the intent or ability to pay the price to the victim and did not pay the price to the victim.

Ultimately, the Defendant, as seen above, was urged by the victim, and was delivered to the victim, namely, an alcoholic beverage and an alcoholic beverage amounting to KRW 257,00 at the market price.

B. In around 01:10 on April 26, 2017, the injured Defendant left as it was without paying the alcohol value, etc. from the “F main point” above, on the ground that the victim G, an employee of the said “F main point” from the stairs of the first floor above the same building, demanded the alcohol value, etc., and attached the Defendant, the victim’s head part was 1 time by hand, and the victim was pushed down.

As a result, the Defendant brought about multiple gamblings, etc. to the victim for approximately two weeks of treatment.

2. Defendant B: (a) around April 26, 2017, around 01:10, on the ground that the victim E, an employee of the “F main store,” demanded the alcohol value and attached the Defendant, Defendant B was pushed down with the victim’s head debt.

As a result, the Defendant brought about multiple gamblings, etc. to the victim for approximately two weeks of treatment.

Summary of Evidence

1. Defendants’ legal statement

1. Each police statement protocol with respect to E and G;

1. Application of each injury diagnosis certificate, each photographic statute;

1. Relevant legal provisions concerning criminal facts;

(a) Defendant A: Articles 347(1) and 257(1) of the Criminal Act (the choice of imprisonment);

B. Defendant B: Article 257(1) of the Criminal Act (the choice of imprisonment)

1. The aggravated concurrent crimes (defendant A), the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Criminal Act [limited to the sentencing] have been committed by both the Defendants for the same kind of crime, and the Defendant A has served more than once the sentence of the crime of fraud and one time the suspended sentence in the case of the Defendant A. In the case of the Defendant B, the same three times suspended sentence should be imposed.

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