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(영문) 서울동부지방법원 2015.07.15 2015고단1180
사기등
Text

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

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

Reasons

Punishment of the crime

1. On April 16, 2015, the Defendant: (a) around 23:00, at the “D’s main point of the Victim C’s Operation in Songpa-gu Seoul Metropolitan Government operation; (b) committed the act as if the Defendant would pay the drinking value without having the intent or ability to pay the drinking value; and (c) ordered the Victim to pay the drinking value.

The Defendant, by deceiving the victim as above, was provided with alcohol and alcohol equivalent to KRW 220,00 from the victim’s position.

2. On April 17, 2015, the Defendant of the obstruction of performance of official duties, without paying the drinking value as above, filed a report at around 02:15 on April 17, 2015, and asked the police officers F, etc. belonging to the Seoul Songpa Police Station E zone to ask the Defendant whether to pay the drinking value by having called to the site and having been dispatched to the site by the police officers, etc. belonging to the Seoul Songpa Police Station E zone, etc., and interfered with the police officers’ prevention and suppression of crimes and investigation, public peace and order maintenance, by drinking at one time, by looking at the F’s left knes, and thereby obstructing the legitimate execution of duties concerning the police officers’ crime, public peace and order maintenance.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and F;

1. Application of Acts and subordinate statutes concerning simplified statements of values;

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

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., reflective provisions, the agreement with the victim of the crime, and the fact that no record of punishment for obstruction of performance

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