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(영문) 대전지방법원 2014.04.25 2013고단4024
사기등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On February 3, 2012, the Defendant was sentenced to ten months of imprisonment for fraud at the Seoul Southern District Court, and completed the execution of the sentence on August 12, 2012.

1. On September 10, 2013, around 18:30 on September 10, 2013, the Defendant: (a) took the attitude that the Defendant was able to pay the drinking value, etc. in a normal manner, even though he/she had no intent and ability to pay the drinking value, etc., at the E-place operated by the Daejeon P&C Victim D; (b) ordered the drinking and algori, etc.; and (c) obtained the drinking and algori, etc. from the injured party

2. At around 19:30 on September 10, 2013, the Defendant publicly insultingd the victim by openly insulting the victim on the same place, following the victim G, a police officer affiliated with the Daejeon District Police Station F District of Daejeon, who was a police officer affiliated with the F District of the F District Police Station, who was urged by the Defendant to pay the drinking value.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A complaint;

1. Application of Acts and subordinate statutes to inquiries, such as criminal records, and investigation reports;

1. Relevant provisions of the Criminal Act, Articles 347(1) and 311 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment with prison labor;

1. Article 35 of the Criminal Act among repeated crimes;

1. Among concurrent crimes, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [the scope of recommending punishment] The criminal group, general fraud (type 1), mitigation area, imprisonment with prison labor for one month or one year (decision of sentence] three times for the same sentence of imprisonment with prison labor for six months, one time for the same suspended sentence, one time for the same suspended sentence of imprisonment with prison labor for one time for the same kind of fine, one time for the same suspended sentence of imprisonment with prison labor for twelve times (one year and one time after release from the prison), six times for the suspended sentence of this punishment, one time for the suspension of the execution of this punishment, seven times for the punishment of this paper of fine (three times related to the obstruction of the performance of official duties), minor

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