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(영문) 춘천지방법원 원주지원 2017.01.17 2016고단1111
사기등
Text

A defendant shall be punished by imprisonment for six 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

The defendant is a person who operates D's main points from 109 to C's apartment commercial buildings in the nuclear city.

1. On August 2, 2016, the Defendant provided the victim E with alcohol and alcohol equivalent to KRW 18,000 at the market price on August 2, 2016, and received a credit card in the name of the victim as if the victim were to settle the above KRW 18,00 from the victim, and signed after settling the above KRW 30,00 with the credit card.

Accordingly, the defendant, by deceiving the victim, obtained property benefits equivalent to 12,000 won.

2. The Defendant interfered with the performance of official duties was punished for trial costs on the date, time, place, and on the same grounds as the above paragraph 1, on the ground of the foregoing paragraph 1, and on the grounds of the drinking value with the customer, “within the drinking spring” was intended to bring the head of the said G in one time with the head of the said G via a plastic drinking water, and continued to bring the head of the said G with the head of the plastic skin containing a beer.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the prevention and investigation of police officers' crimes and the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to G and E;

1. A H statement;

1. Application of statutes on site photographs;

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 choice of imprisonment, respectively, for 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Class 1 Crimes (Obstruction of Execution of Official Duties) (Scope of Recommendation) (Obstruction of Execution of Official Duties) and the basic area (from June to one year and four months) (the person who is subject to special sentencing) (the person who is subject to special sentencing).

2. Class 1 (less than KRW 100,00) is the mitigated area (one month to one year) of Class 2 of the Criminal Act (the scope of the recommended punishment).

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