Defendant

Kim Ho-young (prosecution), Red Civils (Public Trial)

Attorney Lee Nam-ju (Korean)

Defendant shall be punished by imprisonment for a term of one year and two months.

【Criminal Power】

On May 3, 2018, the Defendant was sentenced to six months of imprisonment with prison labor for special injury, etc. at the Seoul Central District Court on May 3, 2018, and the enforcement of the sentence was terminated at the Seoul Detention Center on August 11, 2018.

【Criminal Facts】

1. Fraud;

On October 2018, the Defendant, at the main point of “○○○○○○,” managed by Nonindicted Party 1, the victim Nonindicted Party 1, in Seoul ( Address omitted), sent the same attitude to pay the price for alcoholic beverages, etc., and ordered the victim to pay the price for alcoholic beverages, etc. However, at the time, the Defendant did not have any intent or ability to pay the price even if he was provided with food from the victim because he did not have sufficient means to pay the price. Nevertheless, the Defendant, by deceiving the victim as above, obtained the victim with 30,00 won of the total amount of KRW 30,00,00 from the victim, and acquired it through 130,000,000 won of the 30,000 won of the 30,000,000 won of the 20,000 won of the 30,000 won of the 30,000 won of the 2019.

2. Interference with business;

Around March 16, 2019, when the Defendant was under the influence of alcohol at the same place as Paragraph (1) of this Article, the Defendant was able to avoid disturbance for about 30 minutes, such as the victim Nonindicted 1’s self-conscepting, and booming the Defendant on his table, who was on his table, and she was on his table. The Defendant interfered with the victim’s main business by force.

3. Injury;

On March 16, 2019, the Defendant received a demand from the victim Nonindicted 1 (year 48) to calculate the drinking value from the victim’s non-indicted 1 (age 48), and took a bath to the victim, and boomed the victim’s hump with both hand, and humping the victim’s humf, and huming the victim over the floor several times, and added the victim’s humf to the timeline of the hump material he used in his humf.

1. Partial statement of the defendant;

1. Each legal statement of the witness, Nonindicted 1 and Nonindicted 2

1. Partial statement of the suspect examination protocol of the defendant by the prosecution;

1. Each police statement made against Nonindicted 1 and Nonindicted 2

1. A photograph of the damaged damage, and each receipt;

1. Previous convictions: Criminal records and investigation reports (verification of repeated records);

1. Article applicable to criminal facts;

Article 347(1) of the Criminal Act (each fraud), Article 314(1) of the Criminal Act (any interference with business), Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act

1. Aggravation for repeated crimes;

Article 35 of the Criminal Act

1. Aggravation for concurrent crimes;

Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act

【Scope of Recommendation】

Fraudulent (General Fraud)>>>>> (Type 100 million won or less: June to June 1.

Obstruction of Business Obstruction>> Business Obstruction : June to June 1.

Violence Crime (General Injury)>>>> (Type 1] General Injury Injury>: April to June 1.

【Special Convicted Persons】

The crime of injury - the reason for aggravation (a repeated crime) and the reason for mitigation (unlimited to punishment), but the reason for mitigation takes precedence over others.

From February to 10 months

【Disposition of Multiple Crimes】

1/2 of the upper limit of the punishment for fraud and 1/3 of the upper limit of the punishment for the crime of injury ( September) shall be added to the area of punishment for the crime of interference with business as to the crime of interference with business: June to June 10.

【Determination of Sentence】

Taking account of the motive and background of each of the instant crimes, the degree of the exercised violence and the degree of damage, the fact that the Defendant generally recognized his mistake, and other various sentencing conditions, including the Defendant’s age, character and conduct, criminal records, and the circumstances after the crime, the sentence of imprisonment as ordered, was to be imposed against the Defendant.

The Defendant alleged that the Defendant did not commit each fraud listed in the table Nos. 1, 2, and 3 in the annexed list of crimes. However, in full view of the witness Nonindicted 1’s legal statement, each statement, and the receipt written by Nonindicted 1 in the investigative agency, the Defendant was found to have received food at the victim’s establishment without paying the price at each date listed in the table of crime Nos. 1, 2, and 3. Thus, the Defendant’s above assertion is rejected.

It is so decided as per Disposition for the above reasons.

[Attachment]

Judges Kim Jong-ho