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(영문) 의정부지방법원 고양지원 2016.08.25 2016고단1401
상습사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[2] The Defendant was sentenced to imprisonment with prison labor for a crime of fraud at the Seoul Central District Court on December 14, 2012; one year and six months in prison for habitual fraud, etc.; eight months in prison at the Chungcheong District Court on August 22, 2014; eight months in prison at the Seoul Central District Court on June 26, 2015; eight months in prison at the Seoul Central District Court on December 26, 2015; six months in prison at the Jungyang Branch District Court on December 30, 2015; and 34 times in the same kind in prison on May 9, 2016.

[2] On May 27, 2016, the Defendant: (a) around 22:25, and around 22:25, the Dong-dong building A Dong-gu, U.S., U.S. (hereinafter “D main office”); (b) despite the lack of intent or ability to pay the alcohol value, the Defendant was able to pay the victim E with the above D main office; and (c) was provided one knife and one knife knife knife knife knife knife knife knife knif

In this regard, the defendant was habitually accused of the victim and acquired the property from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each previous conviction in the police statement protocol made to E:

1. Written inquiry about criminal history, etc.;

1. In light of the similarity between criminal records and the criminal records of this case, and the frequency of each criminal record and time interval, etc. of each criminal record and each criminal record of this case, which are habitually indicated in the investigation report (report attached to the judgment of the court) and the personal confinement status, the damp walls are recognized

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 351 and 347 (1) of the Criminal Act concerning the selection of punishment (Optional to imprisonment);

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

1. The scope of punishment by law: Imprisonment with prison labor for not more than 30 years;

2. Application of the sentencing guidelines [Determination of types] fraud, general fraud, and type 1 [Special Sentencing Persons] habitual offenders: Aggravation of the same repeated crime (specific sentencing persons] [Determination of recommended punishment] special aggravation area, one year and three years and nine months.

3. One year (in cases of crimes and results, habitualness, repeated crimes of the same kind and the grounds for suspended execution, and other factors such as age, sex, etc. of the accused);

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