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(영문) 춘천지방법원 원주지원 2016.10.11 2016고단697

사기등

Text

A defendant shall be punished by imprisonment for not more than ten months.

The part of the instant prosecution against assault is dismissed.

Reasons

Punishment of the crime

On July 10, 2014, the Defendant was sentenced to two years of imprisonment in Busan District Court for fraud, etc., and completed the execution of the sentence in the Jinju prison on May 18, 2016.

1. The defrauded did not have certain occupation and special property, and the Defendant did not possess cash or means of payment such as credit cards, etc., and thus did not have any intent or ability to pay the price even if he/she takes an order of alcohol.

Nevertheless, at around 23:50 on July 30, 2016, the Defendant issued an order for alcohol in E entertainment tavern operated by the victim D, who is the victim D, Gangwon-gun, as if he would pay the amount to the victim.

The Defendant, by deceiving the victim as above, received 2.80,00 won or more at the market price from the victim, and did not pay the price, thereby acquiring property benefits equivalent to the same amount.

2. The Defendant damaged property by means of cutting down two remaining 5,00 won in total of the market prices in the place where he had a fluorous reason while drinking alcohol at the time and place set forth in paragraph 1.

3. At around 00:20 on July 31, 2016, the Defendant arrested four flagrant offenders, such as G in the position of the F District of the Crossing Police Station, and slope H, dispatched upon receiving a report for the said reasons at the location described in paragraph (1), and assaulted by the Defendant, at the detention room of the original police station located in the Gangseo-ro, Gangwon-do, Gangwon-do, Gangwon-do, who was located in 1, Gangwon-do, on July 31, 2016, the police officer assigned the I Team of the Crossing Police Station I Team to the Defendant and transferred the Defendant to the employees of the said detention room, on one hand, the Defendant committed assault, such as receiving one copy of the right face face of the said J, from the head of the said police station.

Accordingly, the defendant interfered with legitimate execution of duties concerning the suppression of police officers' crimes and other public peace and maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Written Statement;

1. Receipts:

1. On-site and victim D-victim photographs;