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(영문) 수원지방법원 2016.07.05 2015고단4209
공무집행방해등
Text

Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

1. A crime committed on September 11, 2015;

A. On September 11, 2015, at around 09:40 on September 11, 2015, the Defendant, despite having no intent or ability to pay the food value at the “D” restaurant operated by the victim C in Suwon-gu, Suwon-si, the Defendant, by deceiving the victim as if he were to pay the money. The Defendant, who was so, received food and alcohol equivalent to the total market value of KRW 16,00,00, including the misunderstanding and the spawn, and the spawn, from the victim

B. At around 10:55 on the same day, the Defendant: (a) committed an act of dancing in the F District E located in Suwon-gu, Suwon-si, Suwon-si; (b) obstructed the performance of official duties; (c) on the part of the police officer, the police officer and the police officer demanded to affix a seal to the consent letter of voluntary accompanying; (d) refused to comply with the request; and (e) Hascing the police officer who demanded the said consent to affix a seal on the consent letter of voluntary accompanying; and (e) Hascing the said H’s part on one-time basis.

Accordingly, the defendant interfered with the legitimate performance of police officers' official duties.

2. On September 12, 2015, the Defendant, on September 12, 2015, by deceiving the Victim K, who is an employee of the said restaurant, as if he did not have the intent or ability to pay the food value at the 'J' restaurant located in Suwon-si I at around 07:53, Sept. 12, 2015, by deceiving the victim K, who is an employee of the said restaurant, even though he did not have the intent or ability to pay the food value, and by deceiving the said employee after being provided with food and alcoholic beverages equivalent to the total market value of KRW 10,00,000, such as

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with H;

1. C and L statements;

1. Application of the receipt statute

1. Relevant legal provisions of the Criminal Act, Article 347(1) of the Criminal Act (the point of fraud), Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), and the selection of fines concerning the crime;

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

1. The fact that the amount of damage caused by the crime of fraud on the grounds of sentencing in Articles 70(1) and 69(2) of the Criminal Act is not significant, and violence is committed.

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