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(영문) 서울남부지방법원 2012.11.28 2012고정3673
사기등
Text

A defendant shall be punished by a fine of 600,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On July 29, 2012, at the point of Yeongdeungpo-gu Seoul Metropolitan Government, on July 11:05, the Defendant: (a) committed as if he would pay tobacco prices even if he/she purchased tobacco; (b) as if he/she did not have an intent or ability to pay the price, and (c) changed the value of tobacco 1 A (c) to an employee C; and (d) he/she received it from C; and (c) the escape from the Republic of Korea was the victim of the said tobacco 1 A and the victim acquired the said tobacco 1 A.

2. On July 29, 2012, from around 11:06 to 11:21 of the same day, the Defendant obstructed the victim’s convenience store business by force, such as: (a) the victim did not pay a tobacco value as described in paragraph (1) and took flight into the B convenience store by attaching the Defendant; (b) the victim took a bath as “the one-year old-age and the one-age and the one-age of the victim; and (c) preventing the victim from entering the victim’s happiness, such as provokinging him/her into the place of convenience.”

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement prepared in C;

1. Application of Acts and subordinate statutes to photographs of damaged articles;

1. Article 347 (1) of the Criminal Act, and Article 314 (1) of the Criminal Act, applicable to the crimes;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. In light of the circumstances leading up to each of the instant crimes, the method and method of the instant crime, and the circumstances after the instant crime, etc., it does not seem that the Defendant had the ability to discern things or make decisions at the time of committing the instant crime, and thus, the Defendant’s assertion of mental or physical disability is rejected.

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

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