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(영문) 광주지방법원 목포지원 2015.04.27 2015고단276
사기등
Text

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

Reasons

Punishment of the crime

On March 20, 2014, the Defendant was sentenced to 10 months for the crime of fraud and obstruction of performance of official duties, and completed the execution of the sentence on November 26, 2014.

1. Around 03:40 on March 14, 2015, the Defendant: (a) committed an act as if he/she did not have money in a number; (b) and (c) did not have an intent or ability to pay an alcoholic value; and (d) did not receive an amount equivalent to KRW 27,00 from the victim as if he/she had no intention or ability to pay an alcoholic value; and (b) did not receive an amount equivalent to KRW 27,00,00 from the victim; and (c) did not pay the said amount, the Defendant acquired pecuniary benefits equivalent

2. On March 14, 2015, at around 05:50 on March 14, 2015, the Defendant obstructed the performance of official duties: (a) the Defendant: (b) heard the body of the Fag Police Station Fag that the Defendant 112 reported that he fag was faged under the influence of alcohol; (c) obstructed the body of the Fag Police Station affiliated with G where the Defendant was called to have the drinking value and returned back from the slope H; and (d) obstructed the body of the slope H that the Defendant faged from the slope G; and (c) the Defendant faged the back of the slope G with the right kne kne, and fagd the face of G with drinking slope.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on crime prevention and maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G and D;

1. Summary receipt;

1. Previous records: Application of Acts and subordinate statutes to inquiry reports, such as criminal records, investigation reports, investigation reports, and investigation reports (Attachment of personal confinement records);

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

1. Article 35 of the Criminal Act among repeated crimes;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Fraud;

(a) Determination of types of crime: Type 1 (less than 100 million won) of the general fraud;

B. Determination of the scope of sentence: Basic area, six months to one year, and special mitigation in June.

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