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(영문) 의정부지방법원 고양지원 2020.06.18 2020고단723
사기등
Text

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

Reasons

Punishment of the crime

On October 10, 2019, the Defendant was sentenced to five months of imprisonment with prison labor for the crime of injury, etc. in the Goyang Branch of the Jung-gu District Court on October 10, 2019 and completed the enforcement of the sentence on January 28, 2020 and was in a state of lacking ability to discern things or make decisions due to intellectual disorder.

1. Around 03:20 on March 8, 2020, the Defendant was in a situation where the Defendant did not have a means to pay taxi charges, such as credit cards, in addition to KRW 1,000 in cash, at the front of the cmate in the city B located in Pakistan, but he was on board a taxi operated by the victim D (the age of 50) as if he were to pay the taxi charges, and went back to the road front of the exit of the 1036 subway Station 8, Seoyang-dong, Seoyang-gu, Busan Metropolitan City.

The Defendant, by deceiving the victim by the foregoing method, had the victim provide taxi transport services to the Defendant, and did not pay 22,600 won of taxi fares to the Defendant, thereby taking property benefits equivalent to the same amount.

2. At around 04:00 on the same day, the Defendant was asked to pay a taxi fee from the victim D on the road in front of the exit of 1036 Yandong-gu, U.S. 1036 8 Yandong-gu, Gyeonggi-gu, Gyeonggi-do, and tried to flee, and when the victim reported to 112 on his/her cell phone under the condition that he/she puts his/her clothes in order to restrain the escape, the Defendant assaulted the victim at one time at the right face of the victim on his/her hand.

3. 재물손괴 피고인은 계속하여 같은 날 04:15경 제2항 기재 장소에서 피고인의 폭행으로 바닥에 떨어진 피해자 D 소유의 시가 18만 원 상당 에어팟 무선이어폰을 발로 밟아 고장이 나게 하여 그 효용을 해하였다.

Summary of Evidence

1. Receipt of a taxi charge on the 112-report on investigation report (verification of money and valuables in possession of a suspected victim), internal investigation report (verification of damaged property), and internal investigation report (statement made by a police officer related to the destruction of and damage to property), of the defendant's partial statement in court, and receipt of the taxi charge on the 112

1. Before judgment:

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