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(영문) 서울북부지방법원 2015.11.25 2015고단2397
사기
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

According to Article 2 of the Enforcement Decree of the Act on Welfare of Persons with Disabilities and Article 2 of the Enforcement Rule of the Act on Welfare of Persons with Disabilities of Grade II of the same Act, mental disorders caused by depression and tidal depression continue to exist or frequently repeating symptoms caused by depression, desire, behavior, and accident disorder due to stimulative dynamic disorder, and their function and ability are accompanied by symptoms of mental disorder such as a net, etc., which are difficult to harm daily life due to a person who has difficulty in doing harm or chronic repetition disorder, or who has difficulty in doing harm to daily life unless he/she has much help to do so due to disorder of function and ability.

Around June 20, 2015, when there is a lack of ability to discern things or make decisions due to depressions, depressions, etc., the fact on the D hotel in Yongsan-gu Seoul Metropolitan Government is as if he/she were to pay a taxi fee in the front of the D hotel in Yongsan-gu, Seoul, and he/she was boarding the F taxi in Seoul Special Metropolitan City, Nowon-gu, the destination of which was 558, and did not pay 19,200 won to the victim and did not pay 19,200 won to the victim, thereby obtaining economic benefits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A E-document;

1. Receipts:

1. Application of the statutes on a copy of a welfare card (No. 1);

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

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

1. The scope of applicable sentences by law: 15 days to 5 years; and

2. Application of the sentencing guidelines (as of July 1, 2015, the range of recommending punishment) (the scope of recommending punishment) general fraud (less than KRW 100 million) and the mitigation area (one month to one year) (special mitigation) (a person with mental disability).

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