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(영문) 서울동부지방법원 2016.04.07 2016고단415
사기등
Text

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

Reasons

Punishment of the crime

1. On February 15, 2016, around 23:00, the Defendant ordered alcohol and alcohol as if the victim D would normally pay the alcohol value to the victim at the E amusement station operated by the victim D in Songpa-gu Seoul Metropolitan Government.

However, the Defendant did not have any intent or ability to pay the price due to the absence of any means of payment, such as money, credit card, etc., in fact.

The Defendant received from the injured party an alcoholic beverage and a share equivalent to KRW 550,00 in the market price.

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

2. On February 16, 2016, at the same place as indicated in paragraph 1, around 00:25, the Defendant obstructed the performance of official duties. G, a police officer affiliated with the Seoul Song-gu Police Station F District, attempted to arrest the Defendant as a current criminal on the ground of the same reasons as described in paragraph 1, and the Defendant, a police officer, carried the body of the above police officer, thereby pushing the Defendant into the body of the said police officer, and attempted to escape. Accordingly, the police officer, who was on the table of the Defendant’s arms, took a number of tamps that were on the table of the police officer, and took a view that the police officer would endanger the police officer’s legitimate performance of duties concerning the prevention, suppression, and investigation of the crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D and G;

1. Relevant legal provisions of the Criminal Act, Articles 347(1) and 136(1) of the Criminal Act (the point of fraud), the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. The scope of punishment by law: Imprisonment for one month to 15 years; and

2. Scope of the recommended punishment on the sentencing criteria: Imprisonment for six months to one year.

(a) Type 1 (not more than KRW 100,00) reduction area (one month to one year) - Special mitigation (aggravating): In cases of non-taxation/Habitual offenders:

(b) Category 1 (Interference with the performance of official duties and coercion of duties), the basic area (from June to one year and four months), - The person who has no special sentencing:

C. Aggravated increase in multiple offenses.

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