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(영문) 수원지방법원 안산지원 2019.06.05 2018고단4500
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

[2018 Highest 4500]

1. On November 22, 2018, the Defendant: (a) around 23:30 on the D cafeteria operated by the victim C, a member of Ansan-si, Ansan-si, and (b) on the fact, even though the Defendant did not have the intent or ability to pay the price even after ordering food, the Defendant was committed as if the Defendant would normally pay the price; and (c) was provided with the victim with the chiller of KRW 24,00,000 in total, and acquired the 1 disease from the victim.

2. The Defendant did not pay food payments at the above temporary location, and the victim dump batddd, thereby assaulting the victim by hand.

[2019 Highest 1681] The Defendant, around 20:0 on November 17, 2018, received 51,000 won in total from the victims F of the victim F of the E in Yangyang-si, while the Defendant did not have the intent or ability to pay the price even after ordering food, and he received 3 soldiers from the victim with the fact that he did not normally pay the price.

Summary of Evidence

[2018 Highest 4500]

1. Defendant's legal statement;

1. Statement to C by the police;

1. Receipts:

1. The photograph related to the case [2019 Highest 1681]

1. Defendant's legal statement;

1. A written statement;

1. Application of an invoice statute;

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

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. The defense counsel’s assertion regarding the defense counsel’s assertion under Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act, and Article 59 of the Probation, etc. Act is alleged to the effect that the Defendant was in a state of mental and physical disorder under the influence of alcohol at the time of committing the crime on November 22, 2018. As such, even if the Defendant was under the influence of alcohol at the time, considering the criminal records of the Defendant, etc., the Defendant was under the influence of alcohol.

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