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(영문) 수원지방법원 평택지원 2015.04.10 2015고단302

사기등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 24, 2015, around 01:30, the Defendant issued an order of 9 beer and 45,000 won in total at the 'E’ point operated by the victim D, located in Ansan-si, A, as if he would pay the drinking value, and ordered 9 beer and 45,000 won in total.

However, there is no cash only 17,000 won on the wall and there is no balance in the physical card and there is no intention or ability to pay the price even if the physical card does not order the payment.

Accordingly, the defendant was given property by deceiving the victim.

2. On February 24, 2015, the Defendant received a 112 report prior to the above “E” and received a request from G in the circumstances where the Ansan Police Station F District Unit was affiliated with the said police station, to inform him/her of his/her personal information.

While the Defendant, who was requested by G to inform him of his personal information, escaped, the Defendant laid down a shoulder to G driving away from the former while leaving the latter, and turned the face of G one time.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the control of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement concerning G and D;

1. A H statement;

1. Application of interim account statement Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Act: The second crime (Obstruction of Performance of Official Duties) with no basic area (6 to one year and six months) of category 1 (less than KRW 100 million) (the scope of recommendations) [the scope of recommendations] of the mitigation area (1 to one month), the mitigation area (1 to eight months), the degree of violence, intimidation, and deceptive scheme is minor: the final sentencing range due to the aggravation of multiple crimes: June to 10 [the decision of a sentence] of the obstruction of official duties shall be the authority of the public authority.