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(영문) 춘천지방법원 2019.01.24 2018고단643
사기등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

At around 19:45 on the same day, the Defendant: (a) expressed that D, a policeman belonging to the Hongcheon Police Station C District of the Hongcheon Police Station, who was dispatched to the site after receiving a report related to a fright-free car on the front side of the Hancheon-gun Police Station C District of the Geumcheon Police Station located in Hongcheon-gun, Seocheon-gun, Seocheon-gun, the Defendant assaulted the police officer at two times on the left side of the police officer at the time.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning D police statements;

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the Criminal Act appears to have shown the attitude of reflecting the criminal defendant's acknowledgement of his/her own crime, and the fact that there are no same criminal records, but there are the records of crimes subject to a fine or a suspended sentence of imprisonment due to violence, the attitude and degree of violence, and other circumstances, including the defendant's age, character and conduct, environment, motive and circumstance of the crime, result of the crime, and the circumstances after the crime, etc., which are the conditions for sentencing as shown in the arguments of this case, shall be determined as ordered.

Parts of innocence

1. On April 22, 2018, the Defendant: (a) around 16:15, at Kimpo-si, Kimpo-si, 2018, requested that the victim F take a taxi for G business operated by the victim F and make a false statement as if he would pay the fare; and (b) operate the taxi to Hongcheon-gun, Hongcheon-gun H, a destination

However, the defendant did not have the intent or ability to pay the above freight to the victim.

The Defendant did not pay the fare even when he was provided with taxi operation services equivalent to KRW 150,000 from the victim to the above destination.

Accordingly, the defendant acquired financial benefits by deceiving the victim.

2. We examine the judgment, and the evidence submitted by the prosecutor alone.

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