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(영문) 부산지방법원 2020.04.09 2019고단6409
사기등
Text

A defendant shall be punished by imprisonment for not more than ten 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. Around 23:00 on December 13, 2019, the Defendant, at the “D” main point operated by the victim C in Geum-gu, Busan, issued an order for alcohol, alcohol, and alcohol, etc., as if the victim would normally pay the alcohol value to the victim.

However, the defendant did not have the intention or ability to pay the price even if he was provided with alcohol, alcohol, etc. from the victim.

Nevertheless, the Defendant, by deceiving the victim as above, was provided with both the two states and the State equivalent to the market price of 199,000 won by the victim.

Accordingly, the defendant was given property by deceiving the victim.

2. The Defendant interfered with the business of the Defendant, without any special motive, obstructed the victim C’s main business by force for approximately twenty minutes from the time and time of drinking alcohol at the time and place indicated in paragraph (1) and of drinking alcohol in the next seat without any specific motive to customers. “A person who will be able to undergo punishment because he/she did so. He/she was punished because he/she did so.” The Defendant obstructed the victim C’s main business by force from the time of drinking alcohol to customers who use the said main points.

3. Around 00:55 on December 14, 2019, the Defendant: (a) was arrested and waiting in a flagrant offender related to the facts described in paragraphs (1) and (2) at the F District of the Busan Geum-gu Police Station located in Geum-gu, Busan; (b) on the two hand, the Defendant laid down G, who was a police officer belonging to the said district group, toward whom he was placed, and took one time the left face of G, who was the police officer belonging to the said district group, and prevented him from taking it out by hand.

Accordingly, the defendant carried dangerous articles and interfered with the legitimate execution of duties by police officers in relation to crime prevention, suppression, and investigation.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G and C;

1. Application of CCTV CD-related Acts and subordinate statutes;

1. Relevant Article 144(1) of the Criminal Act, Articles 136(1) and 146(1) of the Criminal Act, Article 347(1) of the Criminal Act, Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act, the choice of imprisonment for a crime;

1. Article 37 of the Criminal Act aggravated for concurrent crimes.

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