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(영문) 광주지방법원 2012.10.17 2012고정1105
사기등
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On March 9, 2011, the Defendant: (a) around 21:20, the Seo-gu, Seo-gu, Seo-gu, Gwangju; and (b) even if the Defendant did not have the intent or ability to pay the taxi fee, the Defendant was able to properly pay the taxi fee; (c) was boarding the D taxi operated by the victim C; and (d) had the victim operate the taxi before the Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Gwangju, by having the victim operate the taxi before the office of Dong-dong, Seo-gu, Seo-gu, Seo-

Summary of Evidence

1. Partial statement of the defendant;

1. Part of the witness C’s legal statement;

1. Among the Defendant’s lawsuits to judge the Defendant’s assertion on the police investigation report (general evidence list Nos. 4), the Defendant included the purport that he was in a mental and physical state under the influence of alcohol at the time of the instant crime. However, in light of the background leading to the instant crime, the means and methods of the instant crime, and the circumstances after the instant crime, etc., the Defendant did not have the ability to discern things or make decisions under the influence of alcohol at the time

Since it is difficult to see that such assertion was in a state or weak condition, it is not acceptable.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Parts of the offense under Article 334 (1) of the Criminal Procedure Act against the provisional payment order;

1. On March 9, 201, at around 21:20 on March 21, 201, the Defendant damaged the metres of KRW 50,000,000, at one time, at the demand of C to get off the taxi fare meter around the Dong office located in the 4-dong Office, the Defendant damaged the metres of KRW 50,00,000, which is owned by the next victim.

2. Although there is a written statement of the police and a receipt of damage against C as evidence consistent with this part of the facts charged, C appeared as a witness in this court and taken an oath.

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