logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2017.11.09 2017고단869
사기등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 23, 2017, around 19:25, the Defendant appears to have a view that he/she would normally pay taxi charges by boarding a taxi operated by the victim C from the new forest street in Seoul Special Metropolitan City, Gwanak-gu, Seoul Special Metropolitan City.

The term "the victim was" and the victim had the victim operate the taxi to the Yeongdeungpo-gu Seoul Metropolitan Government Yeongdeungpo-guro.

However, there was no intention or ability to pay taxi charges due to the absence of cash, credit cards, etc. of the defendant.

Accordingly, the defendant, by deceiving the victim, acquired the pecuniary benefits equivalent to 7,000 won of taxi fees.

2. Around February 23, 2017, the Defendant spited spiting down the victim’s face and shoulder on the front of the Seoul Yeongdeungpo-gu Police Station Security Center located in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, Seoul, Seoul, on the 19:45 on February 23, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes to an investigation report (as regards taxi fares);

1. Relevant legal provisions of the Criminal Act, Articles 347(1) and 260(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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. The fact that each of the crimes committed is not good even though the defendant had been punished several times as his previous forces under Article 62(1) of the Criminal Act, the reason for sentencing under Article 62(1) of the suspended sentence is not sufficient.

However, the sentence was determined by comprehensively taking into account the following factors: the degree of damage is not severe, the confession and reflect of the crime, the defendant's age, sexual conduct, circumstances after the crime, family relationship, etc., and various sentencing conditions shown in the theory of change.

It is so decided as per Disposition for the above reasons.

arrow