(영문) 서울북부지방법원 2018.11.02 2018노1396

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(영문) 서울북부지방법원 2018.11.02 2018노1396

업무방해등

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-misunderstanding (with regard to frauds) is merely a fact-finding that: (a) the Defendant had the ability to pay alcohol and alcohol in holding a card around February 4, 2018; (b) did not intend to pay the price from the beginning; and (c) did not have been paid due to a dispute with the victim. (b) The sentence of the lower court’s unfair sentence for sentencing (one year and two months) is too unreasonable.

2. The following facts and circumstances acknowledged by the judgment of the court below and the evidence duly admitted and investigated by the court below as to the assertion of mistake of facts, namely, ① the defendant's order to make a payment by entering the main points of this case, namely, ① the two persons who appear to be between the defendant and the child, and later came to the main points of this case by combining them 20 to 30 minutes before the defendant's recommendation, ② the victim G asked the defendant to pay the amount of alcohol and alcohol to the defendant, ② the victim G was later asked to pay the amount of alcohol and alcohol to the defendant, ② the defendant did not first pay the amount of money to the defendant, and the defendant did not pay the above amount of money, ③ according to the victim G's statement, according to the victim G's statement, the card presented by the defendant was impossible to pay the amount exceeding the limit, and there was no cash in the defendant's wall.

It is reasonable to view it.

The above assertion by the defendant is without merit.

3. The defendant paid KRW 300,00 to K of the injured victim in the first instance trial, and the above injured person expressed his intention not to punish the defendant in the original trial. However, in the past, the defendant has been sentenced to several times of punishment for the same crime, and the defendant again committed the crime of this case during the period of repeated crime, and the defendant did not receive suspicion from the other victims except for the victim K.

유사 판례

-서울중앙지방법원 2016.07.11 2016고정2229

-대구지방법원 2015.11.12 2015고단4619

-춘천지방법원 강릉지원 2015.04.02 2014고단1086

-서울남부지방법원 2016.02.16 2015고단3684

-의정부지방법원 2013.11.29 2013고단2986