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(영문) 대전지방법원 천안지원 2017.10.20 2017고단1828

사기등

Text

A defendant shall be punished by imprisonment for one year.

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 June 28, 2017, at around 07:55, the Defendant obstructed the performance of official duties, the Defendant: (a) drunkd D’s shoulder to the police box in the Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, and reported that he was fighting with his will; (b) boarded D’s shoulder to the police box in the Seocheon-gu, Seocheon-gu, Seocheon-gu, the police box in charge of the police box in charge of the police box in charge of the police box in receipt of a report that he was fighting with his will; and (c) demanded D to get off from the patrol on the ground that it would be bad; and (d) assaulted D’s shoulder by his hand on the ground that D’s shoulder would be sold at the patrol.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 report processing.

2. Fraud or interference with business affairs;

A. On July 22, 2017, the Defendant entered a “G” restaurant operated by the victim F of the victim F in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, Seoul on July 22, 2017, and received an order for food amounting to KRW 17,000, despite the lack of intention or ability to pay meal costs.

Accordingly, the defendant was given property by deceiving the victim.

B. The Defendant interfered with the duties of the Defendant: (a) obstructed customers who visited the said place while drinking alcohol at the time and place indicated in the above A; (b) prevented customers from eating meals; and (c) interfered with the victim F’s restaurant operation failure by force for a period of up to one hour, such as putting a cafeteria employee at a cafeteria by “C.C.,” etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F or D;

1. The application of the statutes of paragraph (D) of photographs taken on the part of damage;

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act that prevents the performance of public duties (the point of obstructing the performance of public duties, the choice of imprisonment), Article 347(1) of the Criminal Act (the point of fraud, the choice of imprisonment with labor), and Article 314(1) of the Criminal Act (the point of obstructing the performance of duties, and the choice of imprisonment with labor).

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. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection, community service order, and order to attend lectures;

1. The sentencing criteria: