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(영문) 수원지방법원 안양지원 2018.05.29 2017고단2350

사기등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. In collusion with B on September 29, 2017, the Defendant acquired the amount equivalent to KRW 32,00,00 in total, including murdering and so on, from the injured party, even though the Defendant did not have any intent or ability to pay the amount even if the Defendant was provided with alcohol and so on, on September 29, 2017, in E-cafeteria of the operation of the victim D, Mayang-gu, Mayang-si, Mayang-si, and even if he was provided with alcohol and so on, he did not pay the amount to the victim.

2. On September 29, 2017, at around 21:20 on September 29, 2017, the Defendant: (a) received a report from 112 stating that “A person is suffering from disturbance without paying alcohol; and (b) taken a horse from G affiliated with the police officer of the F District of the Police Station within Ansan-gu, Police Station, within which he was called “a person who gets home, by paying alcohol at a level; and (c) took a bath with a large voice called “A, a person who is suffering from the face of the said G; (d) the Defendant spited the face of the said G once. Accordingly, the Defendant interfered with the legitimate performance of public duties by the police officer concerning the handling of reported cases by 112.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes of D, H and G

1. Relevant legal provisions of the Criminal Act, Articles 347(1) and 30 of the Criminal Act, Article 136(1) of the Criminal Act, and Articles 136(1) of the Criminal Act, and the choice of imprisonment, respectively, for the crime;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment recommended on the sentencing criteria: Six months to two years;

(a) First-Class 1 (Obstruction of Execution of Official Duties) (Scope of Recommendation) (Obstruction of Execution of Official Duties) (Obstruction of Execution of Official Duties and Forced Performance of Duties) is the basic area (six months to one year and six months), and there is no special sentencing factor (a person with special sentencing)

(b) Class 2 crime (Fraud) [the scope of a recommendation] general fraud (less than KRW 100 million) and Class 1 (less than KRW 100,00) (one month to one year) [the person who is specially mitigated] who is not subject to punishment or whose considerable damage has been recovered, the final sentence scope resulting from the increase in multiple crimes: Six months to two years;

2. Determination of sentence: Suspension of the execution of six months of imprisonment - favorable circumstances: one that reflects the nature of the sentence, the other that is agreed with victim D - unfavorable circumstances: criminal punishment on a multiple occasions due to violent crimes, etc.;