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(영문) 울산지방법원 2018.04.27 2017고단2785
사기등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal record] On May 20, 2015, the Defendant was sentenced to six months of imprisonment for fraud at the Ulsan District Court on May 20, 2015 and completed the execution of the sentence at the Ulsan District Court on October 16, 2015.

[Criminal facts]

1. On July 27, 2017, the Defendant, at around 23:50, obtained a delivery of 180,000 won per two weeks per the market price on the order of the said victim, and acquired it by deception, by taking account of the following: (a) there was no money in the studio in Ulsan-gu C and 1st century, Ulsan-gu, Ulsan-gu; and (b) there was no intention or ability to pay the money even if he was provided with alcohol and food; and (c) there was no intention or ability to pay it.

2. On July 28, 2017, the Defendant assaulted the victim H’s face face two times on the ground of disregarding himself/herself, and assaulted twice the victim I (54 years old), who was pointed out that the victim I (54 years old) was aware that he/she was aware of his/her drinking value by entering the G “G” in the Nam-gu, Ulsan-gu, Ulsan-gu, U.S., as a customer and drinking alcohol by drinking alcohol, and was requested by the victim H (the 51 years old), an employee.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E, I, and H;

1. Receipts:

1. Each photograph;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (Attachment of suspect-related records and confirmation of period of repeated crime);

1. Relevant Article 347 (1) of the Criminal Act and Article 347 (1) of the Criminal Act (the fraud point, the choice of imprisonment with labor), and Article 260 (1) (the point of violence and the choice of imprisonment with labor);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes is that the defendant does not go against the repetition of random types, but commits assault by taking the face of the employee, etc. into consideration the hand floor of the defendant who is requested by the employee, etc. after drinking alcohol at the main point, and then demanding the calculation from the employee, etc. after drinking at the main point, and the nature of the crime is not good in light of the number of crimes and the patterns, etc., even though there was a history of punishment for the same kind of crime.

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