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(영문) 의정부지방법원 2012.12.28 2012고단2764
사기등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, 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 September 21, 2012, the Defendant: (a) around 21:30 on September 21, 2012; (b) as if he/she did not have any intent or ability to pay a taxi fee at the taxi stops located in Man-si, Seoyang-do; (c) but did not pay KRW 8,200 after boarding the taxi to C-si operated by the victim B;

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

2. At around 21:50 on the same day, the Defendant committed assault to the Assistant E belonging to the Namyang-si Police Station, who was under investigation by failing to pay the taxi fee as above, by stating that he “Yingin Ha” was “Ying Ha” while leaving the said police station, and was charged with the face of F in the course of the police station belonging to the Namyang-si Police Station, and was charged with the computer monitor and fring knick on the book.

Accordingly, the defendant interfered with the legitimate performance of duties by police officers E and F's situation service at the same time.

3. 모욕 피고인은 같은 날 22:10경 위 파출소에서 F, E 등 총 9명이 있는 가운데 아무런 이유 없이 순경 피해자 G에게 “씨발 개좆같은 년아, 개같은 년아, 씨발년아, 개썅년아”라고 말하여 공연히 피해자를 모욕하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to G and E;

1. Application of the Acts and subordinate statutes in writing B and H;

1. Relevant Article 347(1) of the Criminal Act concerning the facts constituting an offense, Article 136(1) of the Criminal Act, and Article 311 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. Consideration of the reasons for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, including the fact that there is no criminal record of obstruction of the performance of official duties or of insult, or that there is no criminal record of

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