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(영문) 서울남부지방법원 2014.05.23 2014노492
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the facts charged in mistake of facts in 2013 J. 4001, the Defendant did not make the victimJ scam, or did not scam to the customers, and did not scam to the customers by avoiding the disturbance.

In relation to the facts charged in 2013 Highest 4217, the defendant did not take a bath, did not put the guest, put him a heavy fluorial, do not walk, and did not make him/her enter.

B. The sentence imposed by the lower court (one year and three months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the lower court regarding the assertion of mistake of facts, the Defendant, as stated in the facts charged under Article 2013 Go-Ma4001, had the victim J, expressed a motive, saluted, and expressed a desire to customers, etc., and the Defendant, as indicated in the facts charged under Article 2013 Go-Ma4217, may recognize the fact that the Defendant, as indicated in the facts charged, expressed a bath to employees, including Q, including the victim Q, and salked to the next table, had the male customer salked by paying a trial fee, etc.

The charges of this part of the charges are found guilty that the defendant interfered with the restaurant business of victims by doing the above abusive and disturbing acts.

B. The Defendant committed each of the instant crimes with respect to fraud and obstruction of business due to the multi-presidential type immediately after having been sentenced to imprisonment with prison labor for the crime of interference with business.

From among the criminal records of the defendant, even after 2000, the defendant was sentenced to a fine for fraud or interference with business, or sentenced 27 times to imprisonment, and was referred to a summary judgment as a violation of the Punishment of Minor Offenses Act for the same period.

In addition to the crime of fraud and the crime of interference with business, the Defendant also commits assault, bodily harm, insult, insult, and damage to property.

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