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(영문) 의정부지방법원 2017.05.25 2017고단1392
사기등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On November 12, 2015, the Defendant was sentenced to eight months of imprisonment for fraud at the Seoul Southern District Court (Seoul Southern District Court) and completed the execution of the said sentence on August 25, 2016.

1. On March 25, 2017, at around 01:00 on March 25, 2017, the Defendant: (a) had no intention or ability to pay the drinking value, etc.; (b) had the victim taken the place as if he would pay the said amount; and (c) had the victim taken the place by ordering the victim’s alcohol and alcohol; and (d) had the victim taken the place by deceiving the victim; (b) had the victim taken the place of the victim’s alcohol and alcohol amounting to KRW 22,00,00

2. The Defendant, at the time, at the time, at the place, as described in paragraph 1, inflicted injury on the victim by taking advantage of the following reasons: (a) on the ground that he/she did not request the victim to return home even though he/she did not meet the alcohol required from the said victim to pay the alcohol value; and (b) on the ground that he/she did not request the victim to return home, he/she was in his/her hand, who was a dangerous object of alkinium, and used the victim to put him/her into her in line with the head part of the victim, thereby causing the victim to undergo approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D and E;

1. Photographs and receipt;

1. Notice of a department related to the report of 112 case;

1. A written confirmation of admission and a written diagnosis;

1. Previous convictions in judgment: Application of a reply to inquiries, such as criminal history, text of judgment and the current status of personal expropriation;

1. Relevant legal provisions of the Criminal Act and Article 347(1) of the Criminal Act (the point of fraud, the choice of imprisonment, and the choice of punishment) concerning the crime, and Articles 258-2(1) and 257(1) of the Criminal Act (the point of special injury);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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. Class 1 [Special Sentencing) mitigation element: Insignificant bodily injury [person subject to general sentencing]. Aggravation element: Cumulative repeated crime [the scope of recommendation] mitigation area: 1 year. Reference criteria for O violent crime for sentencing under Article 53 and Article 55(1)3 of the Criminal Act (Article 55(1)3.

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