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(영문) 울산지방법원 2015.05.21 2015고단719
사기등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

1. The Defendant, at around 00:40 on March 30, 2015, pretended to pay the victim E the alcohol value in normal terms from “Diana” located in Ulsan-gun, Ulsan-gun, Ulsan-gun, and was provided with alcohol and alcohol equivalent to KRW 220,00 won.

However, the Defendant did not have any means of payment such as credit card at all, and there was no intention or ability to pay the price even if he received orders as above.

Ultimately, the Defendant was provided with property equivalent to 220,000 won by deceiving the victim.

2. The Defendant, at the same time and place as set forth in the above Paragraph (1) above, told that a slope G belonging to the Ulsan Police Station Faba, who was called out after receiving a report of a singing-sing business, demanded to present an identification card, was “spawn f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f.)

또한 피고인은 현행범인 체포되어 F파출소로 연행되는 순찰차 안에서 위 G에게 “씨발놈아, 경찰 좆같네. 다 죽여버린다. 개새끼들아” 라고 욕설을 하면서 G의 왼쪽 목 부위를 왼쪽 발로 1회 걷어찼다.

Ultimately, the Defendant interfered with the legitimate performance of official duties by police officers regarding the suppression of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to G and E;

1. Investigation report (Listening to the G Statements of Witnesses);

1. Application of receipts, respective Acts and subordinate statutes

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

1. Sentencing Sentencing - Nos. 1 (Fraud) [Scope of Recommendation] and No. 2 (Obstruction of Performance of Official Duties) are the basic sphere (6 months to 100 million won) (6 months to 100 million won). - No. 2 (Obstruction of Performance of Official Duties).

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