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(영문) 창원지방법원 진주지원 2017.11.29 2017고단492
사기등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On April 12, 2017, the Defendant was sentenced to ten months of imprisonment with prison labor and three years of suspended execution due to interference with fraud and performance of official duties in the branch court of the Changwon District Court on April 12, 2017, and the judgment becomes final and conclusive on the 20th of the same month,

1. On April 9, 2017, the Defendant: (a) around 03:40, Jin-si, Jin-si, Jin-si, the Defendant: (b) around 03:40, the O amusement store operated by the victim D located in C, in the city of Jin-si; (c) did not have the intent or ability to pay the price, and (d) ordered the victim to be informed of the price; (c) the Defendant received approximately KRW 200,000,00 from the

2. The Defendant obstructed the performance of official duties at around 04:00 on the same day, after receiving a report from 112 to the effect that he did not pay the alcohol value, etc. as above, the Defendant assaulted F on the part of the Defendant, by asking the Defendant’s personal information, by asking the Defendant’s personal information.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. Invoice and identification photo;

1. Previous convictions indicated in judgment: Inquiry about criminal history and application of investigation reports (the period of suspension of execution and previous convictions of the same kind);

1. Relevant legal provisions of the Criminal Act, Article 347(1) of the Criminal Act, Article 136(1) of the Criminal Act, and Article 136(1) of the Criminal Act, and the choice of imprisonment, respectively;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Grounds for sentencing of Article 37 (former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 (Aggravation of Concurrent Crimes as stated in the holding that punishment is heavier) of the Criminal Act;

1. Application of the sentencing criteria;

(a) Class 1 - The sentence of recommendations for fraud: one month to one year (the area of mitigation): No penalty shall be imposed;

(b) 2nd offence - The sentence of recommending interference with the performance of official duties: the case where the degree of assault is minor.

(c) Many crimes: From January to April; and

2. Determination of sentence;

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