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(영문) 광주지방법원 2017.12.13 2017고단1105
사기등
Text

The punishment of the accused shall be determined by eight months of imprisonment.

Reasons

Punishment of the crime

On November 13, 2013, the Defendant was sentenced to four months of imprisonment with prison labor by the Gwangju District Court, and completed the execution of the sentence in the Gwangju District Court on February 24, 2014.

1. On February 21, 2017, at around 17:00, the Defendant, despite having no intention or ability to pay the food value in the D cafeteria located in Gwangju Northern-gu, the Defendant obtained food supply equivalent to the sum of KRW 51,500, such as 2, 3,500, 3,500, such as 1 bottled 1 bottle, etc., the owner of the business at the place of the business.

2. On February 21, 2017, from around 17:10 to around 17:45, the Defendant: (a) dumped the lux in the foregoing place to the influorian customers; (b) dump hyp hyp hyp; and (c) dump hump hyp on the floor; and (d) dump all customers.

Accordingly, the defendant interfered with the victim's restaurant business by force as above, and the summary of the evidence

1. Statement by the defendant in court;

1. E statements;

1. Receipts:

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of repeated crimes) statute;

1. Relevant legal provisions of the Criminal Act, Articles 347(1) and 314(1) of the Criminal Act (the point of fraud), and the choice of imprisonment with prison labor for the 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. Scope of sentencing recommended according to the sentencing criteria;

(a) Crimes No. 1 of the holding [Type 1] The basic area [Determination on the territory of recommendation] of Type 1 (less than KRW 100 million] (Determination on the territory of recommendation] (the scope of recommendation] from 6 months to 1 year and 6 months;

(b) Crimes No. 2 of the holding [Type Decision] Disturbing Business Obstructions [Determinations in the sphere of recommendation] Aggravated Disturbing Crime (hereinafter referred to as the same type of repeated crime) [Scope of recommendation] from one year to three years and six months;

(c) Aggravation of multiple crimes: One year to four years.

2. Determination of sentence: The arguments of this case are shown in the following circumstances: imprisonment with prison labor for not less than eight months, such as the age, sex, environment, circumstances of the crime, and circumstances after the crime.

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