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(영문) 인천지방법원 부천지원 2017.01.17 2016고단3410
사기등
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On November 8, 2016, the Defendant: (a) boarded a taxi operated by the victim B without any intent or ability to pay the taxi fare at the Sinsi-si, Sinsi-si on November 23:06; and (b) arrived at the E convenience store front of the convenience store located in Da, Seocheon-si, 23:45 on the same day.

Accordingly, the Defendant, by deceiving the victim as such, prevented the victim from paying 21,480 won taxi fee from being paid by the victim, thereby acquiring pecuniary benefits equivalent to the same amount.

2. In the same time and place as in the preceding paragraph, the injured Defendant damaged the face and neck of the victim who was demanded to pay taxi charges from the victim B (66 years) on several occasions in the floor of hand, and caused the damage of the head part of the upper head, which requires treatment for 14 days in excess of the floor.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A written statement;

1. A taxi charge receipt and an injury diagnosis certificate;

1. Application of the Acts and subordinate statutes to photographs by cutting down CCTV for the purpose of crime prevention in which the victim assaultss the victim;

1. Relevant Article 347(1) of the Criminal Act, Article 257(1) of the Criminal Act, Article 257 of the Criminal Act, and the choice of imprisonment, respectively, for the crime;

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 62 (1) of the Criminal Act on the stay of execution (see, e.g., the fact that the defendant is against his/her gender and the degree of injury to the victim is relatively minor);

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