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(영문) 청주지방법원 2016.07.22 2015고단1517
사기등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. On August 3, 2015, the Defendant: (a) around 00:01, at the amusement point in the name of “E” operated by the victim D, who is located in Heungdong-gu, Chungcheongnam-gu; (b) the Defendant ordered the beer as if he would pay the drinking value; and (c) the Defendant received three services and one time time for singing from the victim as if he would have paid the drinking value.

Accordingly, the Defendant acquired pecuniary benefits by deceiving the victim and not paying the drinking value equivalent to KRW 32,00.

2. The Defendant, under the influence of alcohol at a time, at the same time and place as set forth in paragraph 1, expressed the victim’s desire to “This pair of years” without any reason, and collected the victim’s face, 500ml beer disease, which is a dangerous object on the table.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to beer, photographic, arrest and report of the incident;

1. Relevant legal provisions of the Criminal Act and Article 347(1) of the Criminal Act (the fraud point, the choice of imprisonment with prison labor), Articles 261 and 260(1) (the point of special assault and the choice of imprisonment with prison labor) concerning the crime;

1. The scope of punishment for concurrent crimes under the former part of Article 37, Article 38(1)2, Article 50 of the Criminal Act, Article 1 of the Reasons for the Sentencing [the scope of punishment recommended] 6 types of assault crimes (Habitual, repeated, repeated, special assault) / [the scope of punishment recommended] / [the scope of punishment recommended / [the scope of six months to ten months] / General Fraud / [the scope of punishment recommended / [6 months to one year and six months] / 100] / The basic area (no special person subject to sentencing] / The number of concurrent crimes (one month to one year and six months] / The final sentence scope pursuant to the aggravated punishment: June to July 2 [the decision of sentence] as well as the following circumstances, such as the defendant's age, occupation, sex, family relation, circumstances before and after the crime, etc.

The favorable circumstances - mistake is divided.

- The amount of damage is less than the amount of damage, and the victim is a beer disease.

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