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(영문) 서울중앙지방법원 2017.12.21 2017고단7292
사기등
Text

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

Reasons

Punishment of the crime

[criminal records] On May 1, 2015, the Defendant was sentenced to six months of imprisonment with prison labor for interference with the execution of official duties at the Seoul Central District Court, and on October 21, 2015, sentenced two months to imprisonment with prison labor for assault in the Suwon Friwon, and completed the execution of the sentence at the Seoul Detention Center on December 24, 2015.

[Criminal facts]

1. On October 12, 2017, around 22:00 on October 22, 2017, the Defendant: (a) expressed the attitude that the Defendant would pay the victim E with adequate drinking value; and (b) ordered alcohol and alcohol equivalent to KRW 500,000 in total, such as Scarpa 1 Byung and Scarpa 1 Byung.

However, in fact, the defendant did not have the intent or ability to pay the above price even if he received an order of alcohol and alcohol as above.

Nevertheless, the defendant deceiving the victim as above, and was provided with alcohol and alcohol equivalent to the sum of KRW 500,000 from the victim, i.e., the victim.

Accordingly, the defendant was given property by deceiving the victim.

2. On October 13, 2017, around 03:10 on October 13, 2017, the Defendant: (a) assaulted the Defendant at the front corridor of the police station F Office in Jongno-gu Seoul, Jongno-gu, Seoul, about 46 Seoul; (b) in the process of arresting a flagrant offender by the background G belonging to the above police station, patrolmen, etc., and taking the F Office in the process of being arrested by the Defendant at the seat of the foregoing police station, such as the foregoing paragraph (a), on a one-time basis; and (c) continued to walk the H’s clothes at the Defendant’s exit in the F Office on a one-time basis.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention, suppression and investigation of police officers' crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to E and H;

1. A written statement of I;

1. Business license and receipt;

1. Investigation report (security of CCTVs of the F Office and images of the victim who interferes with the performance of official duties);

1. Previous convictions: Inquiry about criminal history, report on investigation (verification of the result of the search of prisoners and confirmation of the period of repeated offense), application of the text of the judgment;

1. Criminal facts;

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