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의정부지방법원 2016.05.04 2016고단894

A defendant shall be punished by imprisonment with prison labor for three months.


Punishment of the crime

On August 19, 2014, the Defendant was sentenced to two months of imprisonment and one year of imprisonment at the District Court for the crime of conflict, etc., and completed the execution of the sentence in the original prison on July 19, 2015.

1. On August 29, 2015, around 01:00, the Defendant entered the “E” entertainment shop operated by the victim D, who is in the Government-Si of Ma-si, and conducted as if he would pay the drinking value, and ordered the alcoholic beverage and the alcoholic beverage, and the Defendant acquired the total amount of KRW 2.70,000 from the victim, which is the sum of the market price of the beer and the beer.

2. On the same day, the Defendant continued to enter “H” entertainment stations operated by the victim G in F, around 09:00 on the same day, and committed as if he would pay the drinking value, and ordered the alcohol and the alcohol, and then, the Defendant acquired the victim’s total sum of KRW 100,000,000,000 from the victim.

Summary of Evidence

1. Defendant’s legal statement

1. Statement made by the police against D;

1. On-site photographs, on-site photographs, and receipts not having the drinking value of the G’s statement;

1. Before the judgment: The Defendant asserts to the effect that he/she was in a state of mental and physical disorder of drinking alcohol at the time of committing the instant crime by inquiring about criminal history, reporting on the result of his/her previous conviction and reporting on the result of confirmation of his/her previous conviction, sentence, personal identification, and acceptance.

According to the records, even though the defendant was aware that he was suffering from mental diseases, such as depression and alcohol dependence, at the time of the crime of this case, the defendant was in the state of drinking, and in light of the background leading up to the crime of this case, the details of the crime, the attitude of the defendant, the circumstances before and after the crime of this case, etc., it is not recognized that the defendant had no or weak ability to discern things or make decisions.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the facts of the crime (or choice of imprisonment);

1. Reasons for sentencing of Article 37(1)2 and Article 50 of the Criminal Act that aggravated repeated crimes under Article 35(1) of the Criminal Act [the scope of recommendation] and Article 1 of the General Fraud (the amount less than KRW 100 million).