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(영문) 대전지방법원 2013.03.25 2013고단471
사기등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On April 4, 2012, the Defendant was sentenced to one year of imprisonment with prison labor for an injury at the Daejeon District Court on April 4, 2012, and completed the execution of the said sentence in the Daejeon Prison on January 24, 2013.

【Criminal Facts】

1. On January 24, 2013, the date when the Defendant was released from Daejeon Prison, the Defendant ordered the Defendant to leave the air conditioning area and the air conditioning area at the “E Refrigerch” restaurant operated by the Daejeon Jung-gu Daejeon, Daejeon.

However, the defendant did not have any intention or ability to pay the price because he did not have money.

The Defendant, by deceiving the victim as such, received a total sum of KRW 9,500,00 from the market price of cooling and small-scale one disease in the same place.

2. On January 24, 2013, the Defendant engaged in obstruction of performance of official duties: (a) in the Daejeon Middle-gu Police Station G District in Daejeon, Daejeon; (b) was arrested in the act as described in the preceding paragraph as a flagrant offender; and (c) the slope H, who belongs to the said police station, took a bath to ask the Defendant’s personal information; (d) ring down the Defendant’s right shoulder by hand; and (e) committed assault on the part of H, such as the head of the defect that H attempted to send the Defendant to the police station.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on crime prevention and investigation.

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements concerning the accused concerning the suspect examination protocol of the prosecution;

1. Written statements of D;

1. Each self-statement of H;

1. Damage photographs;

1. A report on investigation;

1. Previous records: Application of inquiry reports and investigation reports (reports on confirmation of the expiration of the period of punishment), such as criminal records;

1. Relevant Article 347(1) of the Criminal Act and Article 136(1) of the Criminal Act (the point of fraud and the choice of imprisonment), the choice of punishment for the crime (the point of obstruction of performance of official duties and the choice of imprisonment);

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the defendant for sentencing reasons under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act not only has the history of criminal punishment several times, but also has the same history.

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