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(영문) 부산지방법원 2017.12.20 2017고단2669
사기등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 14, 2017, around 02:30 on April 14, 2017, the Defendant: (a) committed the act as if he would pay the drinking value despite having no intention or ability to pay the drinking value; and (b) acquired alcoholic beverages from the damaged person at an amount equivalent to 2.50,000 won of the market value.

2. On April 14, 2017, at around 03:25, the Defendant: (a) was arrested and carried out as a current offender on the charge of the foregoing in front of the Busan Jin-gu EF District, Busan on April 14, 2017; (b) was assaulted by G on his/her face, who was in the FF District of the Busan Jin-gu Police Station, due to a defect of G, coming into the FF District, coming into the FF District; and (c) continued to take the house of the said G on his/her own, coming into drinking within the FF District; and (d) continued to take the bridge of the said G on his/her breast

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the control of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the police in relation to C and G;

1. Receipts:

1. Application of Acts and subordinate statutes to investigation reports (a CCTV recording page and photograph that obstructs the performance of official duties);

1. Relevant legal provisions of the Criminal Act and Articles 347(1) and 136(1) of the Criminal Act concerning the selection of criminal facts;

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 crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Code of the Suspension of Execution is not punishable if it is considered that the defendant committed the crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Code, even though he had the power to be punished for obstructing the performance of official duties in 2015, and that he committed the act of assaulting the victimized police officer in the course of arresting him

However, considering the fact that the defendant is against the defendant, the fact that the defendant has agreed to pay the food to the victim, the defendant's age, health, sexual conduct, environment, family relationship, motive and consequence of the crime, circumstances constituting the conditions of sentencing as shown in the argument of this case, etc., the sentence like the order shall be imposed.

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