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A defendant shall be punished by imprisonment for one year.
However, the execution of the above sentence 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 Defendant, at around 00:10 on September 25, 2017, made a false statement to the effect that “the said victim would have been able to pay alcoholic beverages and liquors because he/she would have been able to pay alcoholic beverages.”
However, the defendant did not have a cash of 24,000 won, and there was no intention or ability to pay the drinking value, etc. due to the absence of credit cards, etc., which are other means of payment.
The defendant deceivings the victim as above, and acquired the victim and the victim with 1,90,000 won of the market price from the victim.
2. Around September 25, 2017, the Defendant: (a) expressed a desire to “Isson and Isman who had been dispatched to the D District Unit of the Masan Police Station D, Masan-dong, U.S., which was called upon having received a report of the fact that Isman had not paid the drinking value at the above place; (b) Isman who was in the second room and was in line with the left head and head of E in the circumstances where Isson was sent to E.m.
Accordingly, the defendant carried dangerous things and interfered with the legitimate execution of duties of police officers concerning the handling of reported cases.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made with respect to C, E, and F;
1. Application of the G’s written Acts and subordinate statutes;
1. Relevant legal provisions of the Criminal Act, Articles 144(1), 136(1) (a) of the Criminal Act (the point of obstructing the performance of special official duties), Article 347(1) (the point of fraud) of the Criminal Act, and the choice of imprisonment with prison labor 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. The reason for sentencing under Article 62(1) of the Criminal Act is poor and there are records of the same kind of crime. However, the fact that the defendant misleads the defendant and is detained for a considerable period of time, the fact that the defendant has agreed with the victims, the fact that there has been no significant criminal history.