logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.11.01 2018고단5351
사기등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. The date of the crime in indictment on August 13, 2018 (hereinafter “the date of August 13, 2018”) is obvious that the Defendant is a clerical error, and such correction shall be made ex officio.

around 23:10, at around 23:10, the victim C, operated by Gangnam-gu Seoul Metropolitan Government, was engaged as if he did not have an intent or ability to pay the price even if he was provided with alcoholic beverages and alcohol, and was provided with alcohol and alcohol equivalent to KRW 9,00 in total from the victims.

Accordingly, the defendant was given property by deceiving the victim.

2. On August 14, 2018, at around 01:05, the Defendant: (a) received a report from around 01:05 at the place specified in paragraph 1; and (b) received a recommendation from the police officer F of the Seoul Gangnam Police Station E box called Seoul, Gangnam Police Station E box, to return home after paying the drinking value; (c) but rather, the Defendant was urged by the police officer F of the police box affiliated with the Seoul Gangnam Police Station E box, which was called out, to have interfered with the business continuously and interfered with the business of the Defendant; and (d) committed assaulting the F on one occasion of the face of the said F.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 report processing.

Summary of Evidence

1. Statement by the defendant in court;

1. A second-time protocol concerning the examination of the suspect against the defendant;

1. Statement made by the police with regard to F;

1. Application of C’s written laws and regulations

1. Article 347 (1) and Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The circumstances favorable to the defendant's recidivism, even though the defendant had been punished at least 20 times due to acts of violence such as obstruction of performance of official duties, injury, etc., and fraud on the ground of an in-service conduct after 200: the defendant recognized the crime and is against the law; and the victim C compensates the victim C for the damage.

arrow