(영문) 부산지방법원 동부지원 2017.08.24 2017고단1358

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(영문) 부산지방법원 동부지원 2017.08.24 2017고단1358

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Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On March 15, 2017, the Defendant, against the victim B, committed an act as if he would pay the drinking value even though he was unable to hold cash or a settlement card and did not have any intent or ability to pay the drinking value, and by deceiving the victim and by deceiving the victim, he was provided with the alcohol and service equivalent to the sum of KRW 190,000,00 from the victim, including two weeks, Saju, and Saju.

2. On June 8, 2017, the Defendant, at around 21:00, obtained the victim E with an alcoholic beverage and an alcoholic beverage amounting to KRW 230,00,00, in total from the victim E, who had a cash or a settlement card, by deceiving the victim while acting as if he did not have any intent or ability to pay the alcohol value despite the absence of any intention or ability to pay the alcohol value because he/she was not in possession of a cash or a settlement card.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared B and E;

1. Application of each receipt statute;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective 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. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):

1. The crime of this case with the reason for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service repeatedly acquired the main agent from the main point of view. The crime of this case is disadvantageous to the following: (a) the nature of the crime is bad; (b) the defendant has been punished several times for the same crime; (c) the defendant did not agree with the victims; and (d) the defendant did not endeavor to recover damage; and (c) the defendant seems to continue to repeat the same crime even after

However, the defendant recognizes the facts charged and seriously reflects it.

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