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(영문) 대구지방법원 김천지원 2015.04.08 2014고단1462
사기등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 5, 2014, around 17:30 on December 5, 2014, the Defendant was provided with “D” restaurant operated by the victim C, and the fact was, as if the Defendant had no intent or ability to pay the price, issued an order for food to the victim and had the victim paid the price normally.

Accordingly, the defendant was given property by deceiving the victim.

2. From around 17:30 on December 5, 2014 to 18:30 on the same day, the Defendant interfered with the business, from around 17:30 on the same day, the Defendant: (a) obstructed the business of the victim’s restaurant operation for about one hour, by ordering food to be seated in the victim C while drinking; (b) putting the victim in a large interest of “hump”; and (c) putting the bridge on the floor so that the victim may not be exposed to other customers; and (d) interfered with the victim’s restaurant operation by force for about one hour, such as going to the table of other customers and raising the disturbance, thereby obstructing the victim’s restaurant operation.

3. On December 5, 2014, at around 18:35, the Defendant: (a) was raising a disturbance at the above restaurant; (b) was under the influence of the head of the Gu, the police station E-district of the 112 reported and sent back from G, and was urged by the Defendant to refrain from returning home; and (c) was urged by the Defendant, “I am humb, according to the humbbbro packer’s hand pumb, humb, humb, humb, humb, humb, humb., humb, humb., humb., humb., humb

Accordingly, the defendant interfered with legitimate performance of official duties concerning patrol and suppression of crime by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C, F, and G;

1. Application of Acts and subordinate statutes to a report on investigation (attached a statement of food cost);

1. Relevant Article 347(1) of the Criminal Act, the choice of punishment for the crime, Article 347(1) of the Criminal Act, Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act, and the choice of imprisonment, respectively;

1. Of concurrent crimes, punishment under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall be imposed.

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