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(영문) 서울남부지방법원 2017.03.22 2016고단2873
폭행등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 00:05 on March 8, 2016, the Defendant used the victim’s name, demanding the payment of taxi charges after getting on the front of Gwanak-gu in Seoul Special Metropolitan City (Seoul Special Metropolitan City) and arriving at the destination of the victim D(57). On March 8, 2016, the Defendant assaulted the victim by taking on the front of Gwanak-gu in Seoul Special Metropolitan City, the victim’s seat, demanding the payment of taxi charges.

On July 9, 2016, the Defendant issued orders for Spatiale, 1, 3 C, etc., to I, an employee of the above restaurant, at around 22:10, the Seoul Seocho-gu F and the second floor, “H” restaurant operated by the victim G in the Seoul Seocho-gu F and the second floor.

However, the defendant did not have the intent or ability to pay the price even if he was provided with the above food, etc. from the damaged person.

The Defendant, as such, by deceiving the victim and received approximately KRW 77,00 from the victim, approximately KRW 77,00.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D and I;

1. Investigation report (Analysis of black stay images);

1. Application of the text statutes;

1. Relevant legal provisions of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence), Article 347(1) of the Criminal Act (the point of fraud), and the choice of imprisonment with prison labor, respectively;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of applicable sentences under law: Imprisonment for one month to 12 years; and

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Basic crime: A crime of fraud [type of fraud] that is not more than KRW 100 million (type 1) [the area of recommendation and the scope of punishment] (the area of recommendation and the scope of punishment], the basic area, six months to one year and six months;

(b) Concurrent Crimes: Crimes of assault (a type of determination) that have no general assault (a type) [the area of recommendation and the scope of recommendation], the basic area of punishment, two months to ten months of imprisonment; and

(c) Scope of recommended punishment according to the standards for handling multiple crimes: Six months of imprisonment to one year (the upper limit of the scope of punishment for basic crimes, No. 1/2 of the upper limit of the scope of punishment for basic crimes);

3. Grounds for probation [Main Reasons].

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