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(영문) 제주지방법원 2016.01.07 2015고단1020

사기등

Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On July 3, 2015, at around 01:30, the Defendant ordered that the Victim D’s “E stores” in Jeju-si, and that, even if alcoholic beverages were supplied, the Defendant would not have any intent or ability to pay the price, and would have paid the price to the victim as if he had no intention or ability to pay the price. The Defendant received alcoholic beverages worth KRW 150,000 in total from the victims.

2. The defendant shall, upon receiving a report that he had a person who had a sense of free on duty at the time and place specified in paragraph 1, demand him to return home from the head G of the police station F District belonging to the Seo-gu Police Station F District of the Seo-gu, Seo-gu, Seoul, who was called up. G to the effect that he had a sense of free on duty.

It will perform official duties.

“Absing off the face, and threatening Ha to the police officer belonging to the same F District to stop this, and assaulted G’s chest who continued to restrain it, at one time as a drinking, by keeping the chest of G to stop it.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. A written petition;

1. Application of the receipt statute

1. Article 347 (1) of the Criminal Act (the point of fraud) and Article 136 (1) of the Criminal Act concerning the facts constituting an offense (the point of obstructing the performance of official duties) of the relevant Act;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (limited to cases where a person interferes with the execution of each official duty);

1. Selection of each alternative fine for punishment;

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows: (a) the Defendant satisfied the victim of the crime committed in the course of the crime committed in the course of the crime and agreed with the victim; (b) the other party police officer of the obstruction of the performance of official duties also submitted a written application demanding the Defendant’s preference; (c) the Defendant has no record of punishment heavier than the fine for the same crime; and (d) the facts of the crime of the case