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(영문) 서울남부지방법원 2015.09.17 2015고단2695
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Criminal facts

[Criminal Power] The Defendant was sentenced to a suspended sentence of one year in the Seoul Southern District Court on October 20, 2014 for the crime of obstruction of performance of official duties, etc. on the part of Seoul Southern District Court, which became final and conclusive on October 28, 2014 and is currently under suspended sentence.

【Criminal Facts】

1. On July 2, 2015, at around 21:10 on July 2, 2015, the Defendant: (a) ordered a restaurant operated by the victim D located in Gangseo-gu Seoul Metropolitan Government; (b) as if he/she did not intend to pay the price despite having ordered the drinking and food, he/she received it from the victim, by ordering the victim to perform alcohol and food equivalent to KRW 30,000,000 in total market price, such as so-called 1 disease, beer, and 1 disease.

2. On July 2, 2015, at around 23:45, the Defendant spited the faces of G police officers belonging to the Seoul Gangseo-gu Seoul Gangseo-gu Seoul Metropolitan Government Police Station on one occasion, who were arrested as flagrant offender due to suspected crimes, such as the preceding paragraph, and attempted to take over the Defendant to the Seoul Gangseo-gu Police Station.

Accordingly, the defendant interfered with legitimate execution of duties concerning the escort of police officers.

3. On July 2, 2015, at around 23:55, the Defendant’s unlawful uttering of official documents was escorted to the above Seoul Gangseo Police Station as a criminal charge of the Gangseo-gu Seoul Metropolitan Government Police Station and the office of the office of the Gangseo-gu Seoul Metropolitan Government Police Station, such as Paragraph 1, and was demanded to present an identification card from the criminal charge of the Seoul Gangseo Police Station and the affiliated slopeH, the Defendant presented the Defendant’s resident registration certificate and welfare card as if he/she completed his/her resident registration certificate and welfare card under the name of the head of Yeongdeungpo-gu Seoul Metropolitan Government Office, the official document in possession.

Accordingly, the defendant did not present each official document.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Each police officer's statement about D and G;

1. Copy of the resident registration certificate and welfare card;

1. Previous convictions in judgment: The defendant's assertion of criminal records and investigation reports (the previous and previous records of disposition and the results of confirmation) shall be judged.

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