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(영문) 서울중앙지방법원 2015.08.12 2015고단3570
사기등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On November 28, 2014, the Defendant was sentenced to eight months of imprisonment for fraud at the Seoul Southern District Court, and completed the execution of the sentence at the Seoul Southern District Court on March 30, 2015.

1. On June 10, 2015, around 19:30 on June 10, 2015, the Defendant committed an entertainment drinking house operated by the victim D located in Jongno-gu Seoul Metropolitan Government C as if the Defendant were to pay the victim the amount of alcohol and aleast alcohol on the high-pollution level.

However, the defendant did not have any intention or ability to pay the price even if he received liquor from the victim because of the lack of money at the time.

The Defendant, by deceiving the victim as above, received the same amount of KRW 1,605,00 from the victim, and received the same amount of KRW 1,605,00,00 from the victim, and did not pay the amount, thereby acquiring property benefits equivalent to the same amount.

2. 모욕 피고인은 2015. 6. 11. 05:00경부터 같은 날 05:20경까지 서울 종로구 소재 서울혜화경찰서 형사과 사무실 내에서, 경찰관들이 자신의 얘기는 듣지 않고, 목격자인 E의 말만 듣는다는 이유로, 위 D, E 및 그곳 근무 경찰관 4명이 있는 가운데 피해자인 서울혜화경찰서 형사과 소속 경장 F에게 “씹새끼, 개새끼, 나 빵잽이야, 야이 씹새끼야, 좆같은 새끼야.”라고 큰소리로 욕설하는 등 공연히 피해자를 모욕하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of examination of part of the defendant by prosecution;

1. Each police statement of E and D;

1. A president of the F;

1. Receipts:

1. Each photograph (Evidence, 16 pages, 77 pages);

1. Investigation report (Evidence record 76 pages);

1. Previous convictions in judgment: Criminal records, personal identification and confinement status, application of court rulings and other statutes;

1. Relevant Article 347 (1) of the Criminal Act and Article 347 (1) of the Criminal Act (Fraud, Selection of Imprisonment and Selection of Imprisonment), and Article 311 of the Criminal Act concerning criminal facts;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act.

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