Text
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[2012 Highest 10206] The Defendant, around 19:20 on September 14, 2012, issued an order for alcohol and alcohol by deceiving the victim D as if he would pay the price, notwithstanding the absence of the intent or ability to pay the price, even if the Defendant received alcohol and alcohol.
The Defendant, by deceiving the victim as above, was provided with security amounting to KRW 10,000 in the market price of the second week of smallest amounting to KRW 3,00 in the market price.
In this respect, the defendant deceivings the victim, and 16,000 won, and acquired it by deceiving the victim.
[2012 Godan10806] On October 30, 2012, at the Bupyeong-gu Incheon Bupyeong-gu Ecafeteria around 16:45 on October 30, 2012, the Defendant taken away the main disease, which is a dangerous object, due to the food value, and threatened the victim F (the 57 years old), and made the back part of the victim's timber one time in drinking.
In this respect, the defendant carried a dangerous object, and assaulted the victim.
Summary of Evidence
[2012 Highest 10206]
1. Defendant's legal statement;
1. Written statements of D;
1. A criminal investigation report (general);
1. A detailed statement;
1. Investigation report (as to the statement of a victim) (as to the statement of a victim),
1. Defendant's legal statement;
1. Statement of the police statement concerning F;
1. Application of the Acts and subordinate statutes to the field report on the dispatch of violent incidents, the pictures of small-scale disease, the investigation report (CCTV verification investigation), the scene of crimes, and CCTV image data;
1. Relevant Article of the Criminal Act, Article 347 (1) of the Criminal Act that applies to the crime, Article 347 (1) of the choice of punishment (Fraud, Selection of Imprisonment with labor), Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 260 (1) of the Criminal Act (the point of
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (such as the fact that the degree of damage to each crime in the market is minor and that there is no criminal record of suspended execution or more than a suspended sentence) is repeated by the defendant, the fact that the defendant has failed to be used by the victim of the violent incident in the judgment, and other circumstances after the defendant's age, character and conduct, and crime.