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(영문) 의정부지방법원 고양지원 2017.12.22 2017고단3049
사기등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

1. On August 27, 2017, at around 03:57, the Defendant: (a) was boarding a D business taxi operated by the victim C in the vicinity of the New-dong Central Market in Jung-gu Seoul Metropolitan Government; (b) was committed as if he would immediately pay the taxi expenses when he had no intent and ability to pay the taxi expenses from time to time; (c) was demanded the victim to drive the taxi up to 344 mar-ro 7 in Goyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu; and (d) accordingly, the victim acquired pecuniary benefits equivalent to the said amount by failing to pay 33,000 won while he/she operated the taxi to the said destination.

2. On August 27, 2017, the Defendant obstructed the performance of official duties: (a) the Defendant heard the phrase “unpaid by not paying a taxi fee” from F, a police officer belonging to the E District, called “I would be subject to punishment without paying a taxi fee,” who was called “F,” who was sent to the said F upon receipt of the said C’s 112 report; and (b) the said F, who was from the Army C, “F, with sound, with the left chest of the said F, on one occasion; and (c) continued to have sealed the said F, on one occasion the said F’s hand.

Until now, the return of the return on the next day is sent by sending money to a multi-facel taxi account, and the taxi engineer and the testman who will talk with Ga. Ga. Ga. Ga, having no money to pay a taxi fee, was a public official in accordance with the law, and again, the above F's left chest was threatened by hand as they can be tightly pushed down and drinking.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on 112 reporting processing affairs.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of laws and regulations on police statements made to C and F;

1. Article 347 (1) and Article 136 (1) of the Criminal Act applicable to the crime and Articles 347 (1) and 136 (1) of the Criminal Act (elective of imprisonment);

1. Articles 37 and 38 (1) 2 and 50 of the Criminal Act to increase concurrent crimes;

1. The defendant's reasons for sentencing under Article 62 (1) of the Criminal Code of the Suspension of Execution are the same.

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