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(영문) 부산지방법원 2018.01.09 2017고단4871

사기등

Text

A defendant shall be punished by imprisonment for not less than five months.

Reasons

Punishment of the crime

1. On July 2, 2017, the Defendant: (a) around 00:30 on the part of the victim P on the first floor of the Busan East-gu PP, Busan-gu P, Q Q, the Defendant received KRW 1,50,000,00 in total from the Defendant’s service of the Defendant, who ordered alcohol as if the Defendant did not have the intent or ability to pay the drinking value but would normally pay the drinking value to the victim; and (b) obtained the Plaintiff’s pecuniary benefits by receiving the helper service.

2. The defendant who interferes with his/her duties at the same place on the same day and at the same time at around 03:00 on the same day, and after paying the drinking value from the above victim and hearing the horses that he/she would go at home, the victim shall be unable to engage in weather, calculation, and death.

At all times, the victim's main business was obstructed by force for about 35 minutes, such as ice fice singing on the table and cutting off the ice ice sing on the table.

3. 공무집행 방해 피고인은 같은 날 03:40 경 같은 장소에서, 손님이 행패를 부린다는 112 신고를 받고 출동한 동래 경찰서 E 지구대 소속 경위 R로부터 신분증 제시를 요구 받자 “ 씨 발, 짭새 새끼야, 좆같은 새끼들 아 ”라고 욕설을 하면서 손으로 R의 오른쪽 뺨을 1회 때렸다.

Accordingly, the defendant interfered with legitimate execution of duties concerning the suppression, investigation, and prevention of police officers' crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partially the police officers of the accused;

1. Application of Acts and subordinate statutes on police statements made to P and R;

1. Relevant provisions of the Criminal Act, Article 314(1) of the Criminal Act, Article 347(1) of the Criminal Act, Article 136(1) of the Criminal Act, and Article 136(1) of the Criminal Act, the choice of imprisonment with labor, respectively;

1. The Defendant’s act of committing each of the instant crimes, including the same kind of crime, is disadvantageous to the Defendant, even though the reason for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes had several times the record of violent crimes, including the obstruction of performing official duties.

The attitude of recognizing and opposing some facts of crime is shown, and the crime of fraud and the crime of interference with business is committed.