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(영문) 창원지방법원 통영지원 2017.12.13 2017고단1453
사기등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On September 6, 2017, the Defendant: (a) around 00:45, at an entertainment station located in Daegu Northern-gu B, the Defendant, acting as if an employee C would normally pay the amount; (b) ordered alcohol and alcohol and requested female helpers.

However, the Defendant did not have the means of payment such as cash and credit card at that time, so even if he was provided with alcohol and alcohol from the injured party and received contact from female helpers, the Defendant did not have the intent or ability to pay the price.

Nevertheless, the defendant deceiving the victim as above and acquired the same amount of monetary benefits by taking the 70,000 won from the victim, taking the alcohol and salbbling, and by not paying 30,000 won for female helpers.

2. Around 01:10 on September 6, 2017, the Defendant was asked to explain the reasons why he did not pay the drinking value from the slope E by police officials belonging to the police officers belonging to the police station of the Daegu Gangnam-gu Police Station called to the site after receiving a report from 112 that “I will not give the drinking value” at the above entertainment stations. B, the Defendant, who interfered with the performance of official duties, was able to take a bath to “Ilk Ra with the mind of the paths,” and boomed the face and shoulder of the above E in drinking, and pushed the chest.

As a result, the defendant interfered with the legitimate execution of duties of police officers in relation to 112 reporting management.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and C;

1. Application of Acts and subordinate statutes to investigation reports (on-site conditions, details of arrest, etc.);

1. Relevant legal provisions of the Criminal Act, Article 347(1) of the Criminal Act (the point of fraud), Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) and the choice of imprisonment, respectively, for the crime;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law: Imprisonment for one month to 15 years; and

2. The scope of punishment recommended according to the sentencing criteria; and

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