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(영문) 부산지방법원 동부지원 2019.05.01 2018고단2103
사기등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

At around 01:00 on July 6, 2018, the Defendant: (a) reported 112 that the Defendant did not pay the drinking value at the “D” shop operated by C in Suwon-gu, Busan; and (b) took a bath to F on the ground that there was a decrisonation for the Defendant to pay the drinking value from F to the horse F belonging to the Busan Southern Police Station E District; and (c) took a bath to F on the ground that he was able to return home, the Defendant threatened F with her her neck worn, and her her f head who continued to ask for payment of the drinking value.

As a result, the defendant interfered with the legitimate execution of duties of police officers on the 112 report processing.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness F;

1. Application of the police protocol law to C

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act shall be the same as the order, taking into consideration all the circumstances, such as the defendant's age, family environment, character and conduct, criminal records ( majority of the crimes related to drinking), means and results of the crime, and the circumstances after the crime;

Parts of innocence

1. On July 6, 2018, the Defendant: (a) around 00:40 on July 6, 2018, committed an act as if the Defendant would pay the full price at the “D” singing shop operated by the victim C in Suwon-gu, Busan; and (b) ordered the Victim to take the delivery of the goods,

However, at the time of fact, the defendant was in possession of only 10,000 won in cash, and there was no other means to pay the price. Therefore, even if he was provided with the two weeks, he did not have the intention or ability to pay the price properly.

Nevertheless, the Defendant, as above, by deceiving the victim, was provided with 20,000 won of the market value of 400,000,000 won by the victim.

2. The decision shall be made in a single criminal trial.

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