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(영문) 대구지방법원 2018.06.05 2018고단1617
사기등
Text

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

Reasons

Punishment of the crime

[criminal records] On August 16, 2016, the Defendant was sentenced to eight months of imprisonment for fraud, etc. at the Daegu District Court on April 13, 2017, and the execution of the sentence was terminated on April 13, 2017. On June 30, 2017, the Defendant was sentenced to eight months of imprisonment for the same crime and completed the execution of the sentence on January 3, 2018.

[Criminal facts]

1. On January 26, 2018, the Defendant was unable to cause disturbance over about 30 minutes, including, but not limited to, drinking alcohol in a restaurant operated by the victim D, the victim D, who was in Daegu Northern-gu, Daegu Northern-gu, and drinking water, and taking a bath to the surrounding customers.

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

2. The Defendant: (a) committed an act as if he would normally pay the value of food at the above date, time, and place; and (b) ordered the victim D food, etc.; and (c) received from the injured party 200 won a total of 32,00 won of the market price; and (d) three persons of a life-sustaining window from the injured party.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Text;

1. A photograph of a CCTV course;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, confirmation of previous convictions in disposition, and application of Acts and subordinate statutes concerning investigation reports (formers and attachment to such judgments);

1. Relevant Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act (the point of fraud), Article 314(1) of the Criminal Act (the point of interference with business), and the choice of imprisonment for each crime;

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

1. In a case where: (a) the mitigation area (i) the mitigation area (i) the reduction area (i.e., January to one year), (ii) the exemption area (i.e., special mitigation or damage for one year), (ii) the exemption area (i.e., special mitigation or damage for one year), (ii) the exemption area (i.e., the scope of recommendation) the mitigation area (ii) the mitigation area (i.e., the special mitigation or damage for one year), and (iii) the second crime (Interference with Business) for the same repeated offense (Scope of Recommendation) the mitigation area (i.e., January to eight months), the mitigation area (ii) the mitigation area (i.e., the special mitigation or damage), and Article 50 of the Criminal Act) (ii) the punishment exemption area (i.e., the person who has made efforts to recover damage).

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