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(영문) 서울북부지방법원 2017.01.19 2016고단4631
사기등
Text

The punishment of the accused shall be set forth in six months.

Reasons

Punishment of the crime

1. On October 5, 2016, around 21:08, the Defendant: (a) boarded a D taxi operated by the victim C without intent or ability to pay taxi charges in front of the subway No. 1 located in the subway No. 1 located in Dobong-gu Seoul Metropolitan Government, Dobong-gu, Seoul; (b) used the taxi to the frontway of the building in Dobong-gu Seoul Metropolitan Government on the same day; and (c) obtained financial benefits equivalent to the same amount as the Defendant did not pay 8,000 won to the victim; (d) obtained financial benefits from the said amount.

2. The Defendant, at the same time, tried to go without paying a taxi fee in front of the building E, and the Victim C, a taxi engineer, added the Defendant, and demanded the victim to pay a taxi fee, and assaulted the victim by drinking at one time by drinking bating the victim’s face and bating bat with bats.

Summary of Evidence

1. Statement by the defendant in court;

1. Entry of the police statement protocol with C;

1. 112 A list of reported cases;

1. Application of Acts and subordinate statutes to report internal investigation (verification of defendant's belongings, etc.), investigation report (to photographs of victim's clothes), investigation report (to hear statements by telephone related to the taxi fee of a victim);

1. Article 347 (1) and Article 260 (1) of the Criminal Act applicable to the facts constituting an offense;

1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravation of Concurrent Crimes is much past criminal records against the accused.

Despite that, there was violence at the legitimate demand to take a taxi without money and pay a fee.

In consideration of the fact that no effort has been made to recover damage, the sentence against the defendant shall be determined.

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