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(영문) 창원지방법원 2015.11.05 2015고단2459
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. On September 2, 2015, the defrauded: (a) around 21:00, the Defendant: (b) had shown the same attitude that the Defendant would normally pay the amount to the victim even if he/she did not have the intent or ability to pay the said amount, and (c) had received the goods from the victim with the victim’s 1 disease, beer, and beer, five diseases and beer, etc. equivalent to KRW 200,000.

2. On September 2, 2015, the Defendant: (a) received a report from C on the ground that he did not pay the drinking value; (b) on September 2, 2015, the Defendant had the face of F in drinking when asked the Defendant about his personal information.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the protection of the lives and bodies of the people and the maintenance of public peace and order.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and F;

1. Receipts:

1. Application of the photographic Acts and subordinate statutes;

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

1. Selection of each sentence of imprisonment;

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

1. The final sentence scope due to the aggravation of punishment under Article 62 (1) of the Criminal Act for the reasons for sentencing under Article 62 (1) of the Act on the Suspension of Execution of Sentence I (Fraud) and Article 62 (1) of the Act on the Suspension of Execution of Sentence I (Fraud of less than 100 million won) for the general fraud [the scope of punishment for the obstruction of performance of official duties] (the scope of punishment for the obstruction of performance of official duties] and Article 2 of the Act on the Suspension of Execution of Sentence II (the scope of punishment for the obstruction of performance of official duties] [the scope of punishment for the obstruction of performance of official duties] and the basic area (6-1-1 year and 4 months): The decision of the sentence for the suspension of execution of imprisonment for six to two months: the suspension of execution of two years (the fact that the punishment is

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