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(영문) 서울동부지방법원 2014.08.20 2014고단1142

사기등

Text

A defendant shall be punished by imprisonment for four months.

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

(e).

Reasons

Punishment of the crime

1. On April 6, 2014, the Defendant: (a) around 01:10 on April 6, 2014, the Defendant: (b) demanded the victim to take a DNA taxi operated by the victim C to operate the taxi at the front side of the Hongnam University in Mapo-gu Seoul Metropolitan Government, and (c) to operate the taxi

However, the defendant did not have any intention or ability to pay taxi expenses due to the absence of money.

The Defendant, by deceiving the victim as above, had the victim operate the said taxi from the above place to the entrance of the fourth parking lot in the Han River Dokdong-ro, Seoul Special Metropolitan City, thereby providing services equivalent to KRW 23,640 won at the market.

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

2. 공무집행방해 피고인은 위와 같은 일시ㆍ장소에서 112신고를 받고 출동한 서울광진경찰서 E파출소 소속 경사 F이 위와 같은 범죄사실로 피고인을 현행범인으로 체포하려고 하자, “야 씨발놈아 넌 뭐야, 씨발놈아 내가 뭘 잘못했는데 개새끼야, 어디 두고 보자”라고 욕설하며 오른손으로 그의 멱살을 잡아 밀쳐 폭행하였다.

Accordingly, the Defendant interfered with the police officer's report processing and the lawful execution of duties concerning the arrest of flagrant offenders.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. A H statement;

1. Application of statutes on a copy of a charge receipt;

1. Relevant Articles 347(1) and 136(1) of the Criminal Act and the choice of punishment for the crime

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

1. The crimes No. 1 (Fraud) of the grounds for sentencing under Article 62(1) of the Criminal Act (the scope of recommending punishment) of the Act on the Suspension of Execution, in the case where a person intentionally commits a fraudulent act in the area of special mitigation (one month to one year) (special mitigation) or in the area of special mitigation (one month to one year), or in the case where the degree of deceptive act is weak, the second crimes of the violation of punishment (the scope of recommending punishment) [the scope of obstruction of performance