logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 안동지원 2015.01.16 2014고단981
사기등
Text

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

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

Reasons

Punishment of the crime

1. On November 9, 2014, around 19:30, at the “D” restaurant operated by the victim C in Ansan-si, Dong-si, B, the Defendant ordered the victim, as if he did not have cash or any other means of payment at the time, to pay the normal drinking value, and was provided by the victim with alcohol and alcohol equivalent to the total market value of 32,00 won, such as Don-water and Don-ju.

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

2. At around 22:00 on November 9, 2014, the Defendant obstructed the police officer’s legitimate execution of duties regarding the police officer’s handling of reported duties by asking questions about the circumstances and personal information of the case from the slope F affiliated with the Ansan Police Station Escopic F of the same Police Station, who was dispatched to the site after receiving a report of crising at the above restaurant, and by assaulting the above F’s face to the above F’s face.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and C;

1. Application of the receipt statute

1. Relevant Article 347(1) of the Criminal Act and Article 136(1) of the Criminal Act (the point of fraud and the choice of imprisonment), the choice of punishment for the crime (the point of obstruction of performance of official duties and the choice of imprisonment);

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

1. The reason for sentencing of Article 62(1) of the Criminal Act on the suspended sentence is [Scope of Recommendation] Article 62(1) of the Criminal Act on the grounds for sentencing of Article 62(1) of the Act on the Suspension of Execution. In the case where: (a) the mitigation area (10 million won or less) the mitigation area (1 month or year), the mitigation area (1 month or year), the mitigation area (1 month or month of the obstruction of performance of official duties), the mitigation area (1 month or month of the coercion), the mitigation area (1 month or August), the mitigation area (1 month or month of the obstruction of performance of official duties), and the extent of final sentencing due to the aggravation of multiple crimes: (b) January to 1 year and 4 [decision of the sentence]; and (c) the defendant's damage caused by this case.

arrow