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(영문) 서울북부지방법원 2016.01.21 2015고단3383
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On March 6, 2014, the Defendant was sentenced to two years of imprisonment for fraud, etc. at the Seoul Central District Court, and completed the execution of the sentence on July 20, 2015. The Defendant lacks the ability to discern things or make decisions due to climatic personality disorder and alcohol dependence.

On September 17, 2015, at around 19:00 on September 17, 2015, the Defendant ordered F, a female employee of Seongbuk-gu Seoul Metropolitan Government, to provide alcohol and alcohol in a total amount of KRW 210,00,00, when he/she received from such female, and acquired such alcohol and alcohol in a total amount of KRW 210,00.

Summary of Evidence

1. Statement by the defendant in court;

1. A third-time protocol concerning the examination of the suspect against the defendant;

1. Each statement of D and F;

1. Notification of the results of mental appraisal;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (the confirmation of the date of release, previous convictions and attachment of the same criminal records);

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Reasons for sentencing under Articles 10(2) and 55(1)3 of the Criminal Act to mitigate mental and physical weakness;

1. The scope of punishment by law: Imprisonment for not more than seven years and six months;

2. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] the basic area (from six months to one year and six months) of the punishment (the amount less than 100 won) of the general fraud [the person specially increased] the same type of repeated crime [the person specially mitigated [the person specially mitigated] mental and physical weakness (the person himself/herself shall not be responsible).

3. Although the Defendant was found to have weak ability to discern things or make decisions due to the personality disorder and alcohol dependence at the time of the instant crime, the Defendant was sentenced to imprisonment with prison labor at the Seoul Central District Court on March 6, 2014, as seen earlier, for a period of two years.

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