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(영문) 대구지방법원 2014.10.21 2014고단3796 (1)
공무집행방해
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Around 04:10 on June 5, 2014, the Defendant ordered a beer and beer equivalent to KRW 195,000 on the following: (a) around 04:10, the main point of “D” in the operation of the Victim C in Daegu-gu Dong-gu, Daegu-gu, Seoul-do; and (b) even if the Defendant was provided with alcohol and alcohol from the victim, the Defendant appears to have paid the price without the intent or ability to pay the price.

Accordingly, the defendant deceivings the victim as such and received from the victim the property amounting to KRW 195,00 at the market price.

around 00:40 on August 1, 2014, the Defendant, “2014 Highest 4516,” committed an act as if the Defendant were to pay for alcohol and alcohol to the victim under the Gnonobane of the F management of Daegu Suwon-gu, Daegu-gu, and ordered the victim to provide alcohol and alcohol.

However, the defendant did not have the intention or ability to pay the price even if he was provided with alcohol, alcohol, etc. from the victim.

The Defendant, by deceiving the victim, received property and property benefits equivalent to KRW 2.10,000,00 in total, including 100,000 won in the market value, 2,000 won in the market value, 60,000 won in the market value, and 40,000 won in the market value.

Summary of Evidence

"2014 Highest 3796"

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Account "2014 Highest 4516";

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of the receipt statute

1. Article 347 (1) of the Criminal Act as to the facts constituting the crime;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. On May 16, 2013, the Defendant was sentenced to four months of imprisonment for a crime of fraud at the Daegu District Court on May 16, 2013, and completed the execution of the sentence in the Daegu Prison on October 9, 2013, and committed each of the instant crimes even during the repeated crime period. However, the Defendant committed each of the instant crimes.

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