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(영문) 광주지방법원 2016.04.20 2016고단638

사기등

Text

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

Reasons

Punishment of the crime

On March 19, 2015, the Defendant was sentenced to one year of imprisonment for fraud in the Gwangju District Court's Netcheon Branch, and completed the execution of the sentence in the Jinju prison on January 27, 2016.

1. On March 1, 2016, at around 14:50, the Defendant: (a) committed the act of purchasing a train ticket as if he had no intent or ability to pay the fare even if he/she was on board the train in the Gwangju Mine-dong, thereby passing through the entrance of the passenger of the station in Gwangju, which is managed by the Korea Railroad Corporation by the injured Korean Railroad; and (b) obtained pecuniary benefits equivalent to KRW 8,400 of the said train fee by boarding the “KTX-dong train in the Busan Mine-dong, Gwangju, by reducing the fare to the wooden Station; and (c) obtained pecuniary benefits equivalent to KRW 8,400.

2. On March 1, 2016, the Defendant violated the Railroad Safety Act: (a) transferred a train to the said office, as described in paragraph (1), at D offices located in Sinpo-si, Nampo-si, Nampo-si; (b) transferred the train to the said office without standing as described in paragraph (1); and (c) who was requested by the said D’s railroad police officers E to request personal information from him/her; and (d) assaulted the face of the said E on one occasion by taking the face of the said D’s own drinking.

As a result, the Defendant interfered with the legitimate performance of duties concerning the maintenance of order of rolling stock in the railroad workers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. A damaged photograph;

1. Previous records: Application of Acts and subordinate statutes to inquire into criminal records, report on investigation (in the last five years and attachment of criminal records and judgments), investigation reports (in the last five years and attachment of personal data on the current status of confinement).

1. Relevant legal provisions of the Criminal Act, Article 347(1) of the Criminal Act (the fraudulent point), Articles 78(1) and 49(2) of the Railroad Safety Act (the point of obstructing the performance of duties by railroad workers), and the choice of imprisonment with labor, respectively;

1. Article 35 of the Criminal Act for a repeated crime;

1. The reasons 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 are as follows, and the sentencing conditions indicated in the records of this case, such as the defendant’s age, sex, family relation, family relation, home environment, motive and means of the crime, and circumstances after the crime.