logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 서부지원 2016.11.25 2016고단1828
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.

Reasons

Punishment of the crime

1. On August 4, 2016, the Defendant: (a) around 03:10 on August 4, 2016, at the “D” drinking house operated by the victim C in Daegu Seo-gu, Daegu-gu, the Defendant was engaged in as if he would normally pay the price even if he did not have the intent or ability to pay the price even if he was provided with alcoholic beverages, and (b) ordered the victim to pay the price, and (c) was provided by the victim with one set of six parallels of 30,000 won in total from the relevant place.

Accordingly, the defendant deceivings the victim, thereby taking the property amounting to 30,000 won.

2. On August 4, 2016, at around 03:25, the Defendant refused to pay the drinking value on several occasions from the police officer F of the Daegu Western Police Station E zone belonging to the police station E zone called up after receiving a 112 report at the foregoing alcohol house and to return home, and subsequently he arrested the Defendant as a flagrant offender in the crime of fraud, and assaulted G’s face at one time by taking the Defendant into custody of the patrol vehicle, after arresting him as a flagrant offender in the crime of fraud.

Accordingly, the defendant interfered with legitimate execution of duties concerning the handling of 112 reported cases by police officers and the arrest of flagrant offenders.

Summary of Evidence

1. Each police statement concerning C and G;

1. Report on the occurrence of the case;

1. Application of Acts and subordinate statutes to a copy of work place;

1. Relevant Articles 347(1) and 136(1) of the Criminal Act concerning the facts constituting an offense, and the choice of imprisonment;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., the agreement with the victim C; there is no record of punishment for fraud or obstruction of performance of official duties; the degree of damage);

arrow