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(영문) 서울중앙지방법원 2018.04.25 2017고단7928
사기등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On May 25, 2017, the Defendant was sentenced to six months of imprisonment for fraud, etc. at the Seoul Central District Court, and the judgment was finalized on November 18, 2017. On November 9, 2017, the Defendant was sentenced to ten months of imprisonment for special intimidation, etc. at the Seoul Central District Court, and the judgment became final and conclusive on January 27, 2018.

"2017 Highest 7928"

1. Around 06:20 on July 16, 2017, the Defendant ordered the victim E to provide alcohol and alcohol equivalent to the sum of KRW 235,000, from D amusement stations located in Songpa-gu Seoul Metropolitan Government, to the victim E.

However, at the time of fact, the defendant had no intention to pay the amount to the victim even though he was provided with alcohol, alcohol, etc. from the victim.

Nevertheless, the defendant deceivings the victim as above, and was provided with alcohol and alcohol equivalent to the sum of 235,000 won from the victim's seat.

2. The Defendant committed assault to the victim on the date and time, at the place specified in the above paragraph 1, when the victim demanded the payment of the drinking value, he saw the victim's desire while taking back the victim's chest 4 to 5 times with his hair, and assaulted the victim about five times the left face of the victim's shoulder continuously.

On August 10, 2017, the Defendant: (a) 05:30 on August 10, 2017, the Defendant, “G” located in Sungnam-si F, Sungnam-si, with the victim H (50 years old); (b) while drinking alcohol together with the victim H, the Defendant breadddd the victim’s head one time as a steel product, which is a dangerous object in the future due to the drinking value with the victim’s H (50 years old).

Summary of Evidence

[2017 Highest 7928]

1. Statement of the defendant in the fourth public trial record;

1. Statement made by the police for E;

1. A simplified tax invoice;

1. Investigation report (verification, etc. of cards) (2017 high group 8203);

1. Statement of the defendant in the fourth public trial record;

1. A protocol concerning the examination of suspect of H with respect to the police;

1. A photograph or video CD-cap screen (before the judgment);

1. Statement by the defendant in court;

1. Application of statutes (Seoul Central District Court 2016 High Court 9363, etc.);

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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