logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.06.01 2017고단2431
사기등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 24, 2016, the Defendant was sentenced to eight months of imprisonment with prison labor for assault, etc. at the Seoul Central District Court, and completed the execution of the sentence at the Child Training Institution on March 3, 2017.

1. On April 8, 2017, around 02:00, the Defendant was placed at “E”, a main store operated by the victim D in Jongno-gu Seoul Metropolitan Government, and was placed as if he did not intend or have the ability to pay the price even if he did not drink because of lack of cash or credit card, and was placed as if he would normally pay the price to the victim. The Defendant ordered be placed with beer and be provided with food and alcoholic beverages worth KRW 35,000 in total from the victims.

2. When the Defendant, at the time and place set forth in the above paragraph 1, was drunk and breaddd in a large voice at the stage, and the Defendant, at the same time and place, obstructed the victim’s main business operation by force by avoiding disturbance for about 40 minutes, such as making the victim’s talk to read “the victim’s speech to interfere with the operation of the business.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Previous convictions: Inquiry into criminal history and application of Acts and subordinate statutes of criminal investigation reports (the date of release, confirmation report and attachment of the relevant written judgment);

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. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. In the case of crimes No. 1 in the sentencing guidelines (the scope of recommendations) [the scope of punishment] in the area of mitigation (one month to one year) in the area of mitigation (one hundred million won) (one month to one year), in the area of special fraud] [the scope of punishment recommended] in the case where the risk of causing damage is not significantly realized, the degree of interference with the duties of crimes No. 2 (Interference with the Duties) [the scope of punishment recommended] in the area of mitigation (one month to eight months) (one month) in the area of mitigation (a special mitigation) [the degree of interference with the duties], or the degree of interference with the duties, is minor.

arrow