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(영문) 대구지방법원 포항지원 2016.11.16 2016고단927
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 May 14, 2016, the Defendant: (a) around 04:10 on May 14, 2016, at the “E” point operated by the victim D in Nam-gu, Nam-gu, Gwangju, the Defendant was engaged in the act as if the Defendant would normally pay the price despite having no intent or ability to pay the price of alcoholic beverages and liquors; and (b) ordered the victim to pay alcoholic beverages and liquors equivalent to KRW 521,000 at the market price, and was provided by

Accordingly, the defendant was given property by deceiving the victim.

2. While the Defendant had escaped without paying the drinking value in the above “E” at the above temporary border, the Defendant left the victim’s arms who had a scopic dancing in front of the G cafeteria located in Nam-gu, Nam-gu, Gwangju, by hand with the victim D, who had a scopic dance, and got the victim to a multiple scopic scopic in need of approximately two weeks of treatment.

Accordingly, the defendant injured the victim.

Summary of Evidence

1. The defendant's legal statement (the third trial date);

1. Each police statement made to D and H;

1. A written statement of I;

1. Application of Acts and subordinate statutes to alcoholic beverage value receipts and injury diagnosis certificates;

1. Relevant Article 347(1) of the Criminal Act, Article 257(1) of the Criminal Act and Article 257(1) of the Criminal Act and the choice of imprisonment for a crime;

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

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2 of the Criminal Act, including the defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., shall be determined as the same as the order.

Unfavorable circumstances: The fact that it is not good that the crime has been committed to a restaurant operator in the course of escape with an integrative sense, and that there is a single fraud and multiple violence group: The fact that there is an agreement with the victim, and the degree of injury seems to be relatively insignificant.

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