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(영문) 춘천지방법원 2017.04.26 2017고단182
사기등
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 8, 2017, at around 00:40 on the road in Chuncheon City, the Defendant: (a) shown that he/she would pay the taxi fee even though he/she did not have any intent or ability to pay the taxi fee; and (b) arrived at the front of the “former H taxi box” located in G in the same city where he/she was driving on a large-dong taxi operated by the victim E.

As such, the Defendant, by deceiving the victim, acquired pecuniary benefits equivalent to KRW 3,360 from the injured party.

2. The obstruction of the performance of official duties and the injury E reported 112 as the Defendant did not pay a taxi fee, and the security guards and the police officers reported 112 reported 112, and called the “former Hamba” to the “former Hamba” site by asking the Defendant about the personal information, etc. of the Defendant.

On March 8, 2017, in front of “M” L, located in 00:55, the Defendant: (a) obstructed the police officer’s legitimate performance of duties; (b) interfered with the police officer’s criminal investigation; (c) at the same time interfered with the police officer’s legitimate performance of duties by assaulting the said K (33 years) on the ground that the Defendant, who escaped, expressed the Defendant’s desire to “a son who is not a bitch fright,” she would be “a son who is not a bitch fright.”

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement to E, K, and J;

1. Application of the laws and subordinate statutes, such as a receipt of taxi charges, related photographs, diagnostic certificates (K), black image CDs, and copies of a public official certificate (K);

1. Article 347 (1) of the Criminal Act of the relevant Act on criminal facts (the point of obtaining pecuniary profits equivalent to the taxi fares), Article 136 (1) of the Criminal Act (the point of obstructing the performance of public services) and Article 257 (1) of the Criminal Act on criminal facts (the point of harm);

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment imposed on the crimes of interfering with the performance of official duties and the crimes of bodily injury, and the punishment imposed on the crimes of serious injury);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code, and Article 38.

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