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(영문) 대전지방법원 2020.11.19 2020고단1964
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Criminal facts

[2020 Highest 1964] On January 8, 2020, the Defendant ordered food at the “D” restaurant operated by the victim C, which was located in Daejeon Pungdong-gu, Daejeon Pungdong-gu, with the intention of paying the price normally.

However, the defendant did not have cash or other means of payment at the time, and there was no other occupation, so even if he was provided with food from the victim, there was no intention or ability to pay the price.

Nevertheless, the Defendant, by deceiving the victim as above, did not pay the amount of money equivalent to KRW 69,00 of the market value (one minute per person, one set of lushes, one set of lushes, and one air brushes) but did not pay the amount.

[200 Highest 3818] On July 8, 2020, the Defendant: (a) around 16:00, placed the victim G (39 years of age) who was the manager of the relevant bowling-gu E in the Daejeon Plsting Chapter at the Flsting site; (b) placed the victim’s face part of the victim’s face in a number of times; and (c) caused injury to the victim, such as an oral wound and an open wound part of the mouth, for about two weeks of treatment.

Summary of Evidence

[200 Highest 1964]

1. Defendant's legal statement;

1. CCTV images of a police statement C (2020 high-level 3818);

1. Application of the Defendant’s written injury diagnosis statement G’s legal statement, and the statutes governing the body photographic;

1. Grounds for sentencing of Article 347(1) and Article 257(1) of the Criminal Act as to the pertinent criminal facts, the applicable provision of the relevant criminal facts, Articles 347(1) and 257(1) of the Criminal Act (the point of injury), the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act as to the aggravation of concurrent crimes of imprisonment with labor: The fact that the amount of damage caused by the instant crime is a small amount is favorable to the Defendant.

However, even though the CCTV was taken in a place where the defendant runs away while putting the invoice only after eating food, the defendant after committing the crime of this case.

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