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(영문) 수원지방법원 성남지원 2017.10.26 2017고정366
사기등
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On October 27, 2016, the Defendant issued an order for food to the victim as if he/she did not have the intent or ability to pay the food cost, and would normally pay the food cost within the “D” restaurant operated by the victim C, which is 00:12, Seongbuk-si, Manam-si, Sungnam-si, and received food and drink equivalent to 11,00 won in total in the market price from the victim.

2. The Defendant interfered with the duties of the Defendant, at the same place of around 01:20 on the same day, took a large amount of 15 minutes of a disturbance, such as putting the boomer and the boomer in the boomer, etc., and putting the boomer and the boomer, thereby interfering with the Defendant’s duties concerning the restaurant business by force.

3. Around 01:55 on the same day, the Defendant publicly insultingd the victim by having the victim F, a police official belonging to the Sungnam Police Station E District, who was dispatched upon receipt of a report, to arrest the Defendant as a current criminal of fraud, etc., and by having other customers listen to, having the said police officer’s view, such as “heat” and “the same bit of bitbitch,” and “the same bitch of bitch.”

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of damage C;

1. Complaint;

1. Receipts for dryness;

1. Application of Acts and subordinate statutes governing evidence photographs;

1. Relevant legal provisions of the Criminal Act, Articles 347(1) (the fraud point), 314(1) (the point of interference with business), 311 (the point of insult), and the choice of fines for the crime (the points agreed with the victim C) of the Criminal Act;

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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