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(영문) 대구지방법원 김천지원 2017.05.18 2016고단1785

사기등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 3, 2016, from around 00:20 to around 01:20 on the following day, the Defendant: (a) from the outline of the operation of the Victim C in Kimcheon-si, Kimcheon-si; (b) the Defendant, despite having no intent or ability to pay the price even if he/she orders the alcohol and the alcohol, ordered the bals, etc. as if he/she would pay the price to the victim; and (c) the Defendant, who was provided with the alcohol and the alcohol equivalent to the sum of KRW 390,000 from the victim, acquired the property equivalent to the said amount

2. On November 3, 2016, around 01:25, the Defendant obstructed the performance of official duties, at the location of Paragraph 1, and at the 112 reported telephone, stating that “the Defendant was under the special name of the principal who died without paying the drinking value, and was dispatched to the site,” and was asked questions about personal matters from E during the police box of the Kimcheon Police Station D, which called “Choe, Scars shall be the superior of the police officer,” and assaulted at one time at the right direction of the police officer by drinking.”

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and C;

1. A report on internal investigation (to be attached to photographs, receipts, etc.);

1. Application of Acts and subordinate statutes to a investigative report (CCTV screen and video CD attachment);

1. Relevant legal provisions of the Criminal Act, Article 347(1) of the Criminal Act (the point of fraud), Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) and the choice of imprisonment, respectively, for the crime;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The punishment as ordered shall be determined by comprehensively taking into account the following factors: (a) the fact that the crime of sentencing under Article 62-2 of the Social Service Order Act is committed with the reason of sentencing; (b) the degree of interference with the execution of violence and official duties; and (c) the accused’s age, sexual behavior, environment, etc.; and (d) the