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(영문) 의정부지방법원 고양지원 2014.02.19 2013고정539

사기등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a child uniforms wholesaler, victim B is an acting driver, and victim C is a police officer.

1. On November 8, 2012, the Defendant, even if having the victim B drive on behalf of the Defendant on behalf of the Defendant at the street near the river basin in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, by means of obtaining the amount equivalent to 25,000 won of the substitute fee by allowing the victim to drive on behalf of the Defendant, despite the fact that the Defendant did not have the intent or ability to pay the said fee.

2. On November 8, 2012, the Defendant assaulted the victim’s face by drinking on the ground that the victim B, a substitute engineer, was broken the Defendant under influence of alcohol and demanded a substitute driver fee, etc., on the ground that he/she was able to break the Defendant, who was under influence of alcohol, and was able to take the face of the victim.

3. On November 8, 2012, the Defendant interfered with the performance of official duties by a police officer who conducts the handling of the 112 reported case by stating that, in order to deal with the instant case, the F District Assistant C, the victim, was required to leave the F District 112 patrol vehicle to enter the F District 112 patrol vehicle in order to handle the said case, the Defendant interfered with the legitimate performance of official duties by a police officer who conducts the handling of the reported case, such as putting the police boom worn by the victim on hand.

Summary of Evidence

1. Statement of each police statement concerning C and B;

1. Each photograph;

1. Application of Acts and subordinate statutes of a report on using police gear;

1. Relevant Article 347(1) of the Criminal Act, Article 260(1) of the Criminal Act, Article 136(1) of the Criminal Act, and Article 136(1) of the Criminal Act concerning the crime, the choice of fines, respectively;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;