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(영문) 부산지방법원 2018.08.28 2018고단1379
사기등
Text

A defendant shall be punished by imprisonment for six months.

Of the facts charged in the instant case, the charge of fraud is acquitted.

Reasons

Punishment of the crime

On June 5, 2018, at around 00:30, the Defendant was arrested as a flagrant offender by a police officer after receiving a report that the Defendant is taking a bath without paying a substitute driver's driving fee in front of the Busan Jin-gu B.

The Defendant, at around 00:45 on the same day, did not take a bath from F, a police officer, who was the patrol leader of the above police box, while under the influence of alcohol, who continued to take a bath to police officers while under the influence of alcohol.

At the time of the removal, the police officer of G, who belongs to the above police box, was able to take the left face of G, one time as a drinking.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers related to arrested suspect management.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes of the police statement protocol to G;

1. Relevant Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act, the reasons for sentencing of sentence of imprisonment with prison labor, and the reasons therefor;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] and the basic area (six months to one year and six months) (no person subject to special sentencing] shall interfere with the performance of public duties;

2. Circumstances disadvantageous to the decision of sentence: The portion not guilty of all the sentencing conditions, such as the defendant's age, sex, environment, motive, means, results of the crime, circumstances after the crime, etc., being taken into account, in light of the fact that the face of the police officer is drinking and the degree of assault is not easy; that many of the same kind of crime records (one year of suspended sentence in June; two years of suspended sentence in May 12, 2016; two times of fines for damage to public goods as a result of a crime of obstructing the performance of official duties in May 12, 2016; and that other violence-related fines are also favorable to the majority: the defendant's age, sex, environment, motive, means, results of the crime;

1. On April 10, 2017, the Defendant was found to be a company operating the victim I located in the Ha, Chungcheongnambuk-do, Y, the Haak-do. “The Defendant is a laundry tax system to divide it into parts of a ship that had been equipped with a warden of the insurance company in Busan, and to the customers by dividing it into a stolen article.

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