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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
[criminal power] On January 11, 2005, the Defendant was sentenced to a suspended sentence of ten months to imprisonment with prison labor for habitual fraud, etc. in the Daegu District Court, and on June 27, 2006, the above court was sentenced to six months of imprisonment with prison labor for fraud. On January 27, 2011, the Defendant was sentenced to a suspended sentence of six months to six months of imprisonment with prison labor for fraud, etc., and on February 8, 2011, the judgment became final and conclusive on February 8, 201, and was serving ten times of the suspended sentence.
【Criminal Facts】
1. On September 6, 2012, the Defendant habitually committed fraud: (a) around 03:40 on September 6, 2012, at the main point of “E” operated by the victim D, Ansan-si, with no intent or ability to pay the drinking value; and (b) by deceiving the victim as if he would pay the drinking value; and (c) was provided with beer and beer and beer, loan service, etc. equivalent to the total market value of KRW 210,00 in total by the victim.
2. The Defendant at the same time, at the place, and at the same time and place as set forth in paragraph (1) of this Article, sent a report of 112 that there was a visual rain due to the alcohol value problem, and notified the Defendant that “The Defendant was present at the next police station after notifying the Defendant of the criminal case by fraud, and caused the investigation.” The Defendant obstructed the police officer’s legitimate performance of duties regarding the police officer’s initial performance of duties by assaulting the Defendant’s shoulder with the above H’s shoulder.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement made to D and H;
1. Previous records of judgment: Investigation report - Attachment of a copy of judgment against A, criminal records, and inquiry reports such as criminal records;
1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, frequency of crimes, and the repeated crimes of the same kind in the judgment;
1. Relevant Article 351 of the Criminal Act, Articles 351 and 347(1) of the Criminal Act (Fraud) and Article 136(1) of the Criminal Act concerning criminal facts.