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(영문) 대구지방법원 안동지원 2014.11.28 2013고단711

사기등

Text

A defendant shall be punished by imprisonment for not less than five months.

Reasons

Punishment of the crime

1. On November 12, 2013, the Defendant: (a) around 23:30 on November 23:30, 2013, the Defendant: (b) requested the victim’s conference as if he did not have the intent or ability to pay the drinking value; (c) provided the victim with alcohol equivalent to 180,000 won in total; and (d) provided the victim with the service of entertainment reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception;

2. The injured Defendant, while drinking alcohol at the date, time, place, as described in Paragraph 1, paid the drinking value to the Defendant by the victim E, who is an employee (n, 41 years of age), and got the victim to go beyond the victim’s neck after being pushed the victim, thereby causing injury to the victim, such as fluoral salt, for about two weeks in need of treatment.

3. When the Defendant assaulted E at the time, place, such as the date, time, and place described in paragraph (1) and paragraph (2), and when the slope G belonging to the F District of the Permanent Police Station, dispatched to the site after receiving 112 report, demanded voluntary movement as the F District for the purpose of the investigation, the Defendant committed assault against G, such as: (a) “dysnife fysnife fynife fynife fynife fynife fynife”;

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the control of crimes.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. Each police protocol of statement of C, E, and G;

1. Application of Acts and subordinate statutes to an investigation report (Attachment to the submission of an injury diagnosis report);

1. Relevant Article 347(1) of the Criminal Act, the choice of punishment for the crime, Article 347(1) of the Criminal Act, Article 257(1) of the Criminal Act, Article 136(1) of the Criminal Act, and the choice of imprisonment, respectively;

1. From among concurrent crimes, there is no basic area (6 to 100,000 won) (6 to 6 months) of the basic area (6 to 10,000 won) of the type of crime (6 to 10,000 won). The reason for the sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act.