logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2015.12.16 2015고단2530
사기등
Text

A defendant shall be punished by imprisonment with prison labor for four 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 26, 2015, the Defendant: (a) around 04:40 on August 26, 2015, the Defendant, acting as if the victims C were to get aboard and pay a taxi fee on the roads near the Yongsan-gu Seoul Metropolitan Government Han River located in Yongsan-gu, Yongsan-gu, Seoul; (b) demanded the operation of the Gu private distance located in thecheon-gu, Gangdong-gu, Seoul.

However, even if the defendant uses a taxi, the defendant did not have the intention or ability to pay the fee.

As above, the Defendant, by deceiving the victim as above, started from the vicinity of the above Yongsan Station, and did not pay the amount equivalent to 18,200 won, even though he received passenger transport services from the Gangdong-gu Seoul Metropolitan Government to the Macheon-dong.

Accordingly, the defendant acquired financial benefits by deceiving the victim.

2. On August 26, 2015, at around 04:45, the Defendant: (a) tried to leave the place to view that the Defendant would not pay taxi expenses in front of the Seoul Gangseo-gu Seoul Metropolitan Police Station F District, which is located in Gangdong-gu, and would not return to the taxi without paying the taxi fee; (b) he saw that he would not return to the taxi; and (c) G assaulted G at one time the shoulder part of G in the front of the Defendant, namely, “a fluort fluort fluort fluort fluort” at the time of the Defendant’s desire.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the handling of reported duties.

Summary of Evidence

1. Legal statement of witness G;

1. C’s statement;

1. Application of Acts and subordinate statutes on taxi expense receipts;

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

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

1. There are many criminal records of violence under Article 62(1) of the Criminal Act, and criminal records of obstruction of performance of official duties are also twice, but the damage of fraud is minor, and the assault of obstruction of official duties is relatively minor, and the defendant is also minor.

arrow