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(영문) 서울남부지방법원 2013.11.19 2013고정3334
사기등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On July 25, 2013, around 21:30 on July 25, 2013, the Defendant: (a) committed an act as if he would normally pay the drinking value at the D main points operated by the victim C in Yangcheon-gu Seoul Metropolitan Government; and (b) ordered the victim to do so.

However, the Defendant did not have any intention or ability to pay the price to the victim from the beginning because there was no cash or credit card, which is a substitute payment means.

Accordingly, the Defendant: (a) by deceiving the victim as above; (b) was provided with alcohol and alcohol from the victim; and (c) did not pay KRW 320,000 to the victim; and (d) acquired pecuniary benefits equivalent to the same amount.

2. On July 26, 2013, around 00:30 on July 26, 2013, the Defendant: (a) was arrested in the act of committing an act in the line of duty at the Seoul Yangcheon Police Station investigation and the Economic 2 Team office; and (b) was unable to conduct an additional investigation due to serious drinking by police officers E, who are workers on duty, during the investigation and investigation; (c) was requested to return home because it was impossible to do so; and (d) repeatedly expressed “Chewing e” to “Chewing e,” and caused the Defendant to take care of the books and partitions of the office, which is a public object, and caused damage to the repair cost to amount to KRW 253,00.

피고인은 계속해서 같은 날 01:00경 위 경찰서 정문 앞에서 피고인의 귀가를 안내하던 E에게 재차 ‘씹할놈아’라고 욕설을 하면서 주먹으로 E의 가슴 부분을 수회 때리고 발로 허벅지를 수회 걷어찼다.

Accordingly, the defendant damaged public goods used by public offices, and interfered with the legitimate execution of duties of police officers on criminal investigation and maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement in C and E;

1. Application of Acts and subordinate statutes on receipts and estimates;

1. Relevant provisions of the Criminal Act and Articles 347(1), 141(1), and 136(1) of the Criminal Act, the choice of fines for criminal facts, and the choice of fines;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;

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