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(영문) 서울북부지방법원 2017.02.03 2016고단4198
사기등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[The record of crime] The court’s ruling that declared the net name of crime was passed on September 24, 2013, which obstructed the business of January 21, 201 and June 2, 2016 by imprisonment with prison labor of Seoul Northern District Court, on January 3, 2016, which was April 17, 2016, of Seoul Northern District Court’s imprisonment with prison labor of June 3, 2016, and the termination of the execution of the Sungdong Detention House’s sentence on September 17, 2016 [criminal fact]

1. On September 24, 2016, at around 01:00, the Defendant: (a) placed in the “E” point operated by the victim D (E, 53 taxes, n) located on the Dongdaemun-gu Seoul Metropolitan Government and 1 underground floors; (b) placed in the order of the said victim to pay the drinking value despite the lack of intent or ability to pay the drinking value due to the lack of money during water, and, (c) placed in the order of 11 C and nives on the part of the said victim as if he/she could have paid the drinking value; and (d) received alcohol and alcohol equivalent to KRW 85,00 in total

2. On the same day as indicated in paragraph 1, at around 02:00 on the same day, the Defendant: (a) expressed the victim’s desire to pay the drinking value by the victim’s “hyp hyp hyp hyp hyp, the year hyp hyp hyp hyp hyp, the same fyp hyp hyp hyp, and the victim’s desire to report to the police.

The defect "hyp hyp hyp hyp hyp hyp hyp hyp hyp hyp hyp hyp hyp hyp, etc. hyp hyp hyp hyp hyp for about 10 minutes by force.

Summary of Evidence

1. The defendant's legal statement (Provided, That the crime No. 2 in the holding shall be based on some statements);

1. Application of each of the statutory statements made by witnesses D and F

1. Relevant Article 347 (1) of the Criminal Act, Article 347 (1) of the Criminal Act, Article 314 (1) of the Criminal Act, and imprisonment with prison labor for each crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The defense counsel's defense counsel's defense counsel's defense counsel's defense counsel's defense of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes claimed "the mental and physical state caused by the defendant's proof of alcohol ozone." Thus, the defendant's main crime of homicide can be acknowledged, but there was a defect in the defendant's water change or decision-making ability at that time;

Since it is not determined, it is rejected the appeal.

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