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(영문) 대구지방법원 서부지원 2018.03.22 2017고합262
사기등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 6, 2017, at a “E” restaurant operated by the victim D in Daegu-gu, Seogu, Daegu-gu, on July 6, 2017, the Defendant ordered food as if he had no intent or ability to pay the price, even if he did not order food.

Defendant deceiving the victim as above and received food equivalent to 12,00 won in total, such as bedbed, from the injured party, etc., and acquired financial benefits equivalent to the same amount.

2. On July 6, 2017, the Defendant: (a) entered a non-permanent male toilet for public use, which is managed by the Seo-gu, Daegu Metropolitan City, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seoul Metropolitan City green belt division on four routes; (b) entered the open-end public male toilet for public use; (c) the suspension of the open-end in the open-end, which is located in the open-end, and the suspension of the open-end, at the entrance of the toilet, of the Defendant’s stop of the above stop by attaching a fire to the door in which the Defendant was holding in advance, and caused the fire of KRW 28,50,00 in total in the market price of the above stop stop stop traffic, such as the case, and the fire caused the fire by burning the fire, etc.,

Accordingly, the defendant destroyed another person's property and caused public danger.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A written statement of the victim D;

1. Reporting on the occurrence of a suspected incident, reporting on the internal investigation (in the vicinity of the scene), reporting on the occurrence of a crime, reporting on the occurrence of a crime, and reporting on the investigation of a crime;

1. Written estimate;

1. Application of the Acts and subordinate statutes governing CCTV images;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) The point of fraud: Article 347 (1) of the Criminal Act (the choice of imprisonment);

(b) Possession of general goods: Article 167 (1) of the Criminal Act;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the punishment shall be aggravated for concurrent crimes with the punishment prescribed for the crime of arson of general goods heavier than the punishment);

1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act (the following grounds for sentencing) of the Act on Reduction of Small Quantity (the top of the favorable reasons for sentencing).

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