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(영문) 의정부지방법원 2020.06.18 2020고정85
경범죄처벌법위반
Text

Defendant shall be punished by a fine of KRW 100,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

[criminal power] On July 29, 2019, the Defendant was sentenced to six months of imprisonment with prison labor for fraud, etc. at the District Court of Jung-gu on July 29, 2019, and the judgment was finally decided on November 1, 2019.

【Criminal Facts】

At around 23:30 on May 15, 2018, the Defendant served food equivalent to KRW 15,00,000, such as small liquor 2 bottles, finkin 1ma, and drinking water 1 disease, which are sold at the C cafeteria located in Yangju-si B, and did not pay a value without justifiable grounds.

Summary of Evidence

1. A written statement of D;

1. Invoice;

1. Previous convictions in judgment: Application of criminal records, inquiry into crimes (resident, career of crime), written judgments (Korean District Court 2019 order353, 2250 (Merger) and other Acts and subordinate statutes;

1. Relevant provisions of the Punishment of Minor Offenses Act and Article 3 (1) 39 of the Punishment of Minor Offenses Act, and Selection of fines;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The fact that a sentence should be determined in consideration of equity in the case of a judgment at the same time with the first head of the criminal facts stated in the judgment on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is favorable to the defendant.

On the other hand, the Defendant had a record of criminal punishment several times, and, in particular, on November 4, 2016, sentenced one year and six months to imprisonment for fraud, etc. on March 7, 2018, and did not know about the completion of the execution of the sentence, and the Defendant committed the instant crime against the Defendant.

In addition, in comprehensive consideration of the defendant's age, occupation, character and conduct, environment, family relationship, circumstances after the crime, etc. and all the sentencing conditions specified in the records and pleadings of this case, the punishment shall be determined as ordered.

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