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(영문) 서울중앙지방법원 2017.09.07 2017고단5276
사기
Text

A defendant shall be punished by imprisonment for not less than two months.

Reasons

Punishment of the crime

On May 1, 2015, the Defendant was sentenced to one year of imprisonment with prison labor at Jeju District Court for fraud, etc. and completed the execution of the sentence at Jeju Prison on July 11, 2016.

On July 18, 2017, at around 02:40, the Defendant issued an order for drinking and food as if he did not have the intent or ability to pay the price even if he/she orders drinking and food, and then acquired the 33,000 won of the market price by receiving the 333,000 won of the victim E and the 333,00 won of the market price.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Invoice;

1. Previous convictions in judgment: Inquiries about criminal history and the application of investigation-related statutes;

1. Article 347(1) of the relevant law regarding criminal facts, Article 347(1) of the choice of punishment, and the sentencing of imprisonment for the reason of sentencing is minor, and the defendant agreed with the victim.

The defendant suffers from diseases such as alcohol dependence symptoms.

On the other hand, while living together with the married baby, the defendant was judged to have been tried or sentenced to criminal punishment more than twice due to the same crime.

The crime of this case constitutes a repeated crime of the same kind, and the defendant's risk of repeating the crime is also recognized in light of the above dampness, the attitude of the court of this case, the health condition, etc.

However, the mother of the defendant shall be sentenced to imprisonment corresponding to the period of detention in consideration of the fact that the mother of the defendant can do his best to improve and treat the defendant, and the environment of the defendant.

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