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(영문) 인천지방법원 2013.09.10 2013고단3006

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 became final and conclusive.

Reasons

Punishment of the crime

1. Around 03:30 on May 12, 2013, the Defendant ordered the victim D to alcoholic beverages, alcohol, etc. to the victim within the “E week operated by the victim D in Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu.

However, the defendant did not have the intention or ability to pay the drinking value.

The Defendant, by deceiving the victim as such, was provided with alcoholic beverages of an amount equivalent to the market value of 456,00 won, alcoholic beverages, algorith, and helper services.

2. The Defendant, at the time and place stated in Paragraph 1, and at the same time and place of the training police station that received a report of 112, assaulted the victim G (the age of 48) who was affiliated with the F District Unit of the Yeonsu-gu Police Station, with the words “dacting or falling short of the drinking value,” and assaulted the victim by threateninging the victim’s head by gathering the Kascer’s disease on the table by hand, who was on the table, and intending to get the victim’s head from another police officer called “I will be flick, will be flick, and will be death,” and blicking the victim’s dub.

Accordingly, the defendant interfered with the legitimate execution of official duties by police officers on the dispatch of the 112 Report.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G and D;

1. An investigation report (to make a monetary report with D) (victims);

1. A charge statement;

1. Application of Acts and subordinate statutes to photograph police officers;

1. Relevant Article 347(1) of the Criminal Act, Article 136(1) of the Criminal Act and Article 136(1) of the same Act and the choice of imprisonment for the crime;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (see, e., Supreme Court Decision 2006Da1548, Apr. 1, 201)