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(영문) 춘천지방법원 2015.04.16 2015고단151

사기등

Text

1. The defendant shall be punished by imprisonment for four months;

2. Provided, That the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

1. On January 16, 2015, at around 21:30, the Defendant, on the street in front of the Dongbu market in Chuncheon-si, concluded that “A-si apartment complex in Cheongcheon-dong is up to A-si, and the victim would normally pay a taxi fee to the victim.”

However, there was no intention or ability to pay taxi charges to the victim even if he/she takes a taxi at the destination because he/she did not have a means of payment, such as cash, etc. at the time.

The Defendant, by deceiving the victim as such, had the victim operate a taxi in front of the Jeju 7 Complex apartment complex, which is located in the master's degree of Chuncheon City, thereby obtaining pecuniary benefits equivalent to KRW 7,000 of the taxi fee.

2. On January 16, 2015, the Defendant left a taxi without paying KRW 7,000 of taxi fares as stated in the preceding paragraph at front of the Jeju 7 Complex apartment complex, which is located in the master’s zone of Chuncheon, and the Defendant demanded from the head of the Chuncheon Police Station D District, who was dispatched upon receipt of the report by the said B, to voluntarily move to the said D District according to the circumstances surrounding the E in which the said D District was located, and on response, boarded the patrol vehicle.

However, the Defendant, on board the patrol vehicle, committed assault, such as cutting off the above E, which was seated in the chief of the steering force while he was sitting in the said zone, and removing the outer boom, etc.

As such, the Defendant assaulted police officers E, thereby obstructing the legitimate execution of duties for investigation into crimes of E.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E and B;

1. B Written statements;

1. Application of Acts and subordinate statutes to photographs, photographs, police officers, etc.;

1. Relevant Article 347(1) of the Criminal Act and Article 136(1) of the Criminal Act (the point of fraud and the choice of imprisonment), the choice of punishment for the crime (the point of obstruction of performance of official duties and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;