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(영문) 부산지방법원 2016.11.29 2016고단3565
사기등
Text

A defendant shall be punished by imprisonment for a term of one year and eight months.

The evidence 1 or 2 seized shall be confiscated from the accused.

Reasons

Punishment of the crime

[Criminal Power] On June 28, 2013, the Defendant was sentenced to one year of imprisonment for a violation of the Act on the Control of Narcotics, Etc. at Busan District Court (hereinafter “the Act”), and on April 27, 2014, in addition to the completion of the execution of the sentence at the Busan Detention Center, the same force has been added four times more.

"2016 Highest 3565"

1. On February 24, 2016, the fraud Defendant: (a) received money from the victim C who requested the victim C who did not have a psychotropic drug cambane (hereinafter “cambphone”) with no intention or ability to sell the psychotropic drug; and (b) received money from the victim C, despite having no intention or ability to sell the psychotropic drug, he/she received KRW 2 million from the victim’s mother to the national bank account (E) in the name of D’s mother; and (c) received KRW 2 million as the sales price of the cambphone from the victim.

Accordingly, the defendant, by deceiving the victim, acquired two million won.

2. Despite the fact that the Defendant is not a person handling narcotics, etc., the Defendant administered narcotics, etc. in a way that, around June 22, 2016, around 2000, in the Defendant’s residence located in Busan Young-gu F, put approximately 0.07g of philopon into a single-use injection machine, dilution it into a new-use injection machine, and injection into a arms.

3. On June 23, 2016, at around 20:15, the Defendant: (a) received a request from the head of the Si/Gun/Gu police agency G to provide a warrant for search, seizure, and verification to verify whether the Defendant’s penphone was administered; (b) opened an entrance to check whether the Defendant’s penphone was administered; and (c) rejected the request; and (d) fastened inside the iron entrance.

이에 위 경찰관 H가 협조 요청을 하여 출동한 119구급대원으로 하여금 위 출입문을 개방하려고 하자 “가스 틀어서 폭발시킵니다.”라고 고함을 지르며 위험한 물건인 휴대용 부탄가스통의 노즐을 출입문 문틀에 눌러 가스가 나오게...

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