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(영문) 인천지방법원 2019.06.13 2019고단2234
사기등
Text

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

Of the facts charged of this case, the prosecution against assault is dismissed.

Reasons

Punishment of the crime

On November 13, 2018, the Defendant, at around 02:00, obtained pecuniary benefits equivalent to the same amount by failing to pay KRW 350,000,00 of the price, when he/she committed an act as if he/she would pay the price even if he/she did not have an intent or ability to pay the price even if he/she received an order of alcohol and alcohol, and by deceiving the victim and receiving an alcohol and alcohol from the victim, etc., and by failing to pay the sum of the price.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of E and C;

1. Article 347(1) of the Criminal Act applicable to the crime, Article 347(1) of the choice of criminal punishment, the reason for sentencing of sentence of imprisonment with prison labor that the defendant has committed a crime during the period of suspension of execution, the amount of damage, the victim's penalty not to be imposed, the other defendant's age, character and conduct, environment, record of the crime, circumstances

Public Prosecution Rejection Parts

1. On November 13, 2018, the Defendant, at around 03:00, abused the victim E (years 34) who is the employee of the said main store to take a cell phone image of the victim by failing to pay the drinking value, and by gathering the connection at the same place, the Defendant committed assault against the victim’s head.

2. Since the victim withdraws his/her wish to punish the defendant after the prosecution, the prosecution against assault among the facts charged in the instant case is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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