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(영문) 인천지방법원 2018.11.15 2018고단4702
폭행등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[criminal history] On August 16, 2017, the Defendant was sentenced to one year of imprisonment with prison labor due to an injury, etc. by the Incheon District Court, and completed the execution of the sentence at the Sungsung Vocational Training Correctional Institution on April 19, 2018.

[Criminal facts] around June 9, 2018, the Defendant assaulted the victim B (Woo, 45 years old) on the ground that the victim B (Woo, 45 years old) was not satched at the exit No. 4 of the Dong-dong, Dong-gu, Incheon, Dong-gu, Incheon, about 18:40 on June 9, 2018, on the ground that he was not the victim, at the exit No. 4 of the Dong-gu, Incheon, Dong-gu, Incheon.

[2018 Highest 6853] On August 8, 2018, the Defendant issued an order for coffee, alcohol, etc., when the victim D, located in Bupyeong-gu Incheon Bupyeong-gu, Incheon, as if he would pay the price normally.

However, the defendant did not have any intent or ability to pay the price even if he was provided with coffee, alcohol, etc. from the injured party.

The Defendant, as such, by deceiving the victim, received 60,00 won in total from the injured party, a coffee, alcohol, etc.

Summary of Evidence

[2018 Highest 4702]

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Two copies of a victim's photograph (2018 high group 6853);

1. Statement by the defendant in court;

1. Written statements of D;

1. Meba (data stating that the injured person drinks coffees and drinks) and notification of the department related to the report of the case of 112 case (prior records in judgment);

1. Application of Acts and subordinate statutes of three copies of inquiry letter, such as criminal history, investigation report (finding of facts during the same type of force and the period of repeated offense), and copy of judgment;

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

1. One of the grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (limited to the extent of adding up the long-term punishments of the above two crimes) of the Act on the Aggravated Punishment of Concurrent Crimes [the scope of punishment] the aggravated area (one year to two years) (one hundred million won) of the aggravated area (one year to six months) (the special aggravated person] of the same type of repeated crime (b).

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