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(영문) 인천지방법원 2013.04.26 2013고정828

사기등

Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On January 6, 2013, at least 04:40, the Defendant: (a) received an offer of alcohol and alcohol, from employees E of the above main points, the Defendant ordered alcohol and alcohol as if he were to pay the price although he did not have the intent or ability to pay the price, and (b) acquired alcohol and alcohol equivalent to KRW 2.30,000 at the market price from the above E, namely, it was received from the above E.

2. The Defendant causing property damage: (a) was required to pay the above alcohol value, etc. from the above E at the time and place specified in paragraph (1); (b) was drunkly performed without any particular reason; and (c) was destroyed in a manner of gathering contact with microphones and market value equivalent to KRW 50,000,000 in a total amount of KRW 330,000,000,000 in the market value of the victim C, and was destroyed in a manner of cutting off the table above 250,000,000 won in the market value.

3. The Defendant: (a) committed assaulting G by paying a drinking value to a policeman belonging to the Incheon Southern-dong Police Station F District Unit, which received a report at the time, time, and place specified in paragraph (1); and (b) hearing the words “A” at home, hearing the face of the said G, and taking the face of the said G at home, thereby obstructing the police officer’s legitimate performance of duties in relation to criminal investigations.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement to G and E;

1. Application of statutes on field photographs;

1. Relevant statutory provisions of Article 347(1) of the Criminal Act, Article 366 of the Criminal Act, Article 136(1) of the Criminal Act, and Article 136(1) of the Criminal Act concerning the crime, the choice of fines, respectively;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Defendant alleged to the effect that the Defendant was in a state of mental and physical disorder by drinking alcohol at the time of committing the instant crime, but the instant court lawfully stated that the Defendant had a state of mental and physical disorder.