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(영문) 울산지방법원 2016.11.11 2016고단3607
사기등
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of a sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 22:00 on October 11, 2016, the Defendant, at the point of “D” in the operation of the victim C in Ulsan-gu, Ulsan-gu, U.S., Nam-gu, 2016, committed as if the Defendant had no intent or ability to pay the price even if the Defendant received alcoholic beverages from the victim.

The Defendant received a total of KRW 2,30,000,00 from the victim, including two weeks of disease, etc.

2. On October 12, 2016, at around 00:00 on October 12, 2016, the Defendant was unable to bring the disturbance for about one hour, such as taking the victim’s bath difficult to put the victim into custody, taking the victim’s fingers, and taking the victim’s fingers.

The Defendant interfered with the business of the victim by force.

3. On October 12, 2016, the Defendant sent to the same week at around 02:00, for the foregoing reasons, the Defendant sent back the drinking value from F to the police officer of the Ulsan Southern Police Station Estation, who was dispatched after having received 112 reports on the said reasons.

The Defendant, by hand, took a bath to the F in which it is difficult for the F to put the face of F, and continued to take the face of F at the criminal guidance office of the Ulsan Southern Police Station at around 03:20 on the same day.

As a result, the Defendant interfered with the legitimate performance of duties of police officers in handling 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and F;

1. Application of the receipt statute

1. Article 347 (1) of the Criminal Act and Article 347 (2) of the same Act concerning the facts constituting an offense: Article 314 (1) of the Criminal Act and Article 314 (3) of the Criminal Act: Article 136 (1) of the Criminal Act;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The first offense of obstruction of the performance of official duties (the decision of the type of obstruction of official duties) of the sentencing criteria.

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