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(영문) 인천지방법원 2019.08.13 2019고단2091

사기등

Text

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

[criminal power] On June 15, 2012, the Defendant was sentenced to four years of imprisonment with prison labor for a crime of larceny, etc. in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, in the Incheon District Court. On June 16, 2016, the same court was sentenced to six months of imprisonment with prison labor for night room intrusion larceny, and on June 14, 2017, the Defendant completed the execution of the sentence on June 25, 2018.

[2019 Highest 2091]

1. On December 29, 2018, around 23:44, 2018, the Defendant was engaged in “D” in the operation of the Victim C, which is located in Gyeyang-gu Incheon Gyeyang-gu, Incheon, as if he had the ability to pay the drinking value, and the Defendant ordered the victim to pay the 1 disease, 5 disease, 5 disease, 86,000 won in total, 3 disease, beer, snicker (no.e., al., al., al., al.) and received an order from the victim.

However, since there was no money in possession of the defendant, there was no intention or ability to pay the money even if the defendant was provided with the above alcoholic beverages, salutism, etc.

The Defendant, as above, by deceiving the victim as above, received a delivery of alcoholic beverage and an alcoholic beverage equivalent to the sum of KRW 86,000 from the victim.

2. At around 01:45 on December 30, 2018, the Defendant of the obstruction of performance of official duties: (a) stated in paragraph (1) that “A person who has received 112 reports to “A person who has provided money,” the head of the police station affiliated with the Incheon Gyeyang Police Station E-gu, Incheon, which called the “F”, took a bath to the F without any justifiable reason when hearing the circumstances of the instant case from the victim; and (b) took a bath to “F by putting the beer residues on the table on the table to the table, breaking it into the table, and threatening the F; and (c) the said F avoided this, “I will do so.”

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

[2019 Highest 2802] The Defendant, around 11:05 on April 23, 2019, is the first victim I at the H convenience store outside Gyeyang-gu Incheon Gyeyang-gu G.