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(영문) 부산지방법원 동부지원 2014.11.06 2014고단1548

사기등

Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Around 00:00 on June 18, 2014, the Defendant showed the same attitude that the Defendant would pay for the taxi expenses to the victim C, a taxi engineer for B business in the Suwon-gu Busan Metropolitan City, and was boarding the said taxi.

However, the defendant did not have money in the number of times, and there was no intention or ability to pay taxi expenses differently.

Nevertheless, the Defendant: (a) by deceiving the victim; (b) caused the victim to transport the victim from the above place to the entrance of the first apartment house of the Busan Shipping Daegu, Busan Metropolitan City, 20, to the entrance of the first apartment house; and (c) failed to pay KRW 9,100,00, and thereby acquired pecuniary benefits equivalent to the same amount.

2. The Defendant obstructed the victim’s taxi business by force, such as: (a) the date and time indicated in paragraph (1); and (b) the victim, who was requested to pay taxi expenses by the victim several times in several places; (c) seeing that the victim “ice ices, sweed, sweed, sweed,” and prohibiting the use of a taxi for about 30 minutes.

3. The Defendant obstructed legitimate execution of duties regarding the arrest of police officers and suppression of crimes by committing an assault, such as breaking the flab, etc., on the ground that the security guards E belonging to the shipping police station and the police officer F, who called up after receiving a report from C at the time and place specified in paragraph (1) of this Article, and that the Defendant attempted to arrest the Defendant in flagrant offender.

4. 모욕 피고인은 2014. 6. 18. 00:10경 부산 해운대구 G에 있는 D파출소에서 C과 경찰관들이 보는 앞에서 위 파출소 소속 경장 피해자 F에게 “씨발 놈 개새끼들아, 수갑 풀어라. 귀에 좆 박아 놨나. 개새끼, 씨발 놈들아, 너거 눈 까리를 파버린다. 너거 나중에 나가서 보자. 가만 안 놔둔다."라고 욕설하는 등 공연히 피해자를 모욕하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to C, E, and F

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