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(영문) 울산지방법원 2018.01.17 2017고단3876

사기등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 19, 2017, the Defendant said that, around 20:59, the Defendant, on board a D taxi operated by the victim C and paid a taxi fee in the direction of the Nam-gu, Ulsan-gu, U.S. E, Ulsan-gu, U.S., as if he would pay a taxi fee.

However, there was no intention or ability to pay the price even if the defendant uses a taxi due to the lack of money.

As above, the Defendant: (a) by deceiving the victim as above, had the victim drive it to the destination; and (b) did not pay 16,100 won to the victim; and (c) acquired pecuniary benefits equivalent to the same amount.

2. The Defendant interfered with the performance of official duties at the place specified in paragraph 1 of the same day, and received a report of 112 that there was a trial cost due to the unpaid taxi charges, and paid the taxi charges to G (24 tax) belonging to the FJ G (24 tax), and caused the defect that the taxi gets home back to the right hand, etc., at the time of three times.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the police in relation to C and G;

1. Application of the G’s written Acts and subordinate statutes;

1. Relevant Article 347 (1) of the Criminal Act, interference with the performance of official duties in the choice of imprisonment, or obstruction of the choice of punishment for the crime: Article 136 (1) of the Criminal Act, the choice of imprisonment, or imprisonment;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (referring to the part favorable to the following reasons for sentencing)

1. The sentencing guidelines set forth in Category 1 Crimes (Obstruction of Execution of Official Duties) [Scope of Recommendation] : the scope of the final sentence due to the aggravation of punishment by a majority of the total members who are not subject to punishment, in the mitigated area (one month to one year and six months) of the basic area (six months to one year and six months) (the scope of the recommended punishment) / [the scope of the recommended punishment] set forth in Category 1 Crimes (one month to one year) / the mitigated area (one year from one hundred million won) / the mitigated area; six months to two years;

2.The sentencing criteria shall be based on the following sentencing criteria: