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(영문) 춘천지방법원 강릉지원 2015.10.07 2015고단710
사기등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 22:00 on December 29, 2013, the Defendant, despite having no intent or ability to pay the victim’s alcohol and food value, in E main points operated by the victim D, at the time of T main points operated by the victim D, the Defendant, by deceiving the victim, received approximately KRW 44,00,00 from the head of the beer and the head of the beer bank in the amount equivalent to KRW 44,00 and the head of the beer bank.

2. Around 01:15 on December 10, 2013, the Defendant violated the Punishment of Violences, etc. Act (a collective injury by a deadly weapon, etc.) demanded the alcohol value from the victim D (the age of 55) within the above EM stores. On the other hand, the Defendant calculated the victim’s left shoulder part of the victim’s body, as he was at a contact that contains an open share on the table, she was at a time containing an open share on the table, and she was at the entrance of the victim’s body, and two beer’s disease, which is a dangerous object, was at the entrance of the victim’s body, and three beer’s disease was at the victim’s body.

As a result, the defendant, carrying dangerous objects, assaulted the victim, and inflicted an injury on the left side of the victim for about two weeks of treatment.

3. The Defendant damaged a property damage by gathering an Ansan-si, such as the date, time, place, as described in the foregoing paragraph (2) above, and by shouldering away from the floor of the contact price, thereby damaging a 70,000 won wide.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes to the case-related photographs, receipts, and medical certificates

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) 3 of the Criminal Act, Article 257 (1) of the Criminal Act, Article 347 (1) of the Criminal Act, Article 366 of the Criminal Act (the point of fraud, the choice of imprisonment), Article 366 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of summing up the long-term punishments in each of the crimes above);

1. It is against Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation, and is the victim.

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