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(영문) 서울동부지방법원 2015.04.02 2014고단3675

사기등

Text

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

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

Reasons

Punishment of the crime

1. On November 14, 2014, at around 21:00, the Defendant: (a) committed a “D” store operated by the victim C in Gwangjin-gu Seoul Special Metropolitan City, as if he would pay the amount to the victim; and (b) received an order for alcohol and food equivalent to KRW 59,000 in the market price.

However, the defendant did not have any intention or ability to pay the price even if he received drinking and food from the victim because of the lack of money.

Accordingly, the defendant, by deceiving the victim, received the property and acquired it.

2. At around 21:20 on the same day as indicated in paragraph (1), the Defendant, in his hand, assaulted the victim by bating his flaps, on the ground that the victim C(59 years of age) demanded the payment of the food value on the road before the above “D” (hereinafter “D”).

3. In the same time and place as indicated in paragraph 2, the Defendant publicly insultingd the victim C by referring the victim C to “a bit of bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch, sonh, rings,” etc.

4. The Defendant: (a) received the same date and time as indicated in paragraph (2) and at the same place as indicated in paragraph (2) and received 112 reports that there were customers who are frightening; and (b) obstructed the Defendant by the Gyeongjin Police Station E-gu, Seoul, Gwangju Police Station E-gu; (c) obstructed the Defendant by assaulting the F’s bridge on a one-time basis; and (d) assaulted the Defendant by walking the f’s s

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A written statement;

1. Application of the receipt statute

1. Relevant Article 347(1) of the Criminal Act, the choice of punishment for the crime, Article 347(1) of the Criminal Act, Article 260(1) of the Criminal Act, Article 31 of the Criminal Act, Article 136(1) of the Criminal Act, Article 136(1) of the Criminal Act, the choice of imprisonment for the crime;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;