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(영문) 서울남부지방법원 2016.08.12 2016고단2176
사기등
Text

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

However, the execution of the above sentence 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 April 17, 2016, from around 21:20 to 21:50 on the same day, the Defendant: (a) took a bath to the victim for about 30 minutes in the operation D of the victim C located in Guro-gu Seoul, Guro-gu, Seoul; (b) took a bath to the victim; and (c) was spited on the floor several occasions; and (d) a large number of unspecified customers, who are unlikely to enter the said D.

Accordingly, the defendant interfered with the victim's business by force.

2. The criminal defendant ordered the victim to provide alcohol, alcohol, and alcohol at the same time and place as described in the above Paragraph 1, without any special change, since there is no other means of correction, the defendant ordered the victim to provide alcohol, alcohol, etc.

The Defendant received from the injured party the delivery of 15,00 won of the market price of 17,50 won of the cattle, 1 bottle, and alju (bank).

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against C;

1. C’s statement;

1. On-site dispatch reports;

1. Receipts:

1. Application of statutes on site photographs;

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (the obstruction of business, the choice of imprisonment), and Article 347 (1) of the Criminal Act (the fraud point and the choice of imprisonment with labor);

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of the recommended sentences according to the sentencing criteria;

(a) Category 1 (Interference with Business) (Interference with Determination of Type) (Interference with Business) (Decision of Type), the basic area [Determination of the territory of recommendation] [Scope of recommendation] from June to June 1, 200;

(b) Class 2 crime (Fraud) [Type 1] (Determination in the sphere of recommendation] basic area (determination in the sphere of recommendation) (determination in the sphere of recommendation), from June to June 1.

(c) [Final Penalty Scope] Aggravated Punishment (No. 1/2 of the upper limit of crime No. 2): 6 months to 2 years;

2. Circumstances disadvantageous to the decision of sentence: the same kind of defendant;

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