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Reasons
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(영문) 서울중앙지방법원 2017.06.15 2017고정626
사기등
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The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant had a weak ability to discern things or make decisions due to polar disorder.

1. The Defendant, at around 00:30 on December 2, 2016, in spite of no intent and ability to pay the drinking value within the “EM store” in Gangnam-gu Seoul, Seoul, the Defendant: (a) is the victim F ( South, 30 years of age); (b) 1 balance of ccepium (8,000; (c) 3 Ccepium (15,000; 12,000; (d) 1 balance of ccepium; (e) ccepium (12,000; (e) 1 balance of ccepium; and (e) 1 balance of ccepium (8,000; 8,000 won); (e) 1 balance of ccepium (8,000; 212,000 pump; 300,0000 won; and (e) 300,000 won; and (e) 300.

2. When the Defendant was unable to pay the food cost as stated in the above 1. Paragraph, and the victim was demanded to pay the price, the Defendant obstructed the victim’s drinking work by using force, such as panty ties and panty ties, thereby obstructing the victim’s drinking work by using force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Police statements of the F;

1. Reports on police and prosecutorial investigations;

1. Application of Acts and subordinate statutes to certificates of diagnosis, medical records and certificates;

1. Relevant Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act (the point of fraud), Article 314(1) of the Criminal Act (the point of interference with business), and the selection of fines for the crime;

1. Article 10(2), Article 10(1), and Article 55(1)6 of the Criminal Act to mitigate mental and physical weakness;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. A fine of 400,000 won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the suspended sentence of sentence (the fact that the defendant has made a statement that he is guilty of his mistake, and that there are circumstances that may be taken into account in the course of committing the crime, such as coming from the mental and physical treatment due to a polar disorder, etc.

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