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(영문) 서울서부지방법원 2013.06.20 2013고정128
사기등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

1. On July 19, 2012, around 12:22, 2012, the Defendant: (a) did not have the intent or ability to pay the fare even if he/she gets a taxi in front of the D Hospital located in Jongno-gu Seoul Metropolitan Government; (b) did not appear in the attitude that he/she would normally pay the taxi fee when he/she gets on a F taxi driven by the victim E; and (c) operated the taxi to Yongsan-gu Seoul Metropolitan Government, Yongsan-gu at the end of his/her continuous change of destination, such as Cheongdo-dong, Gangnam-gu Office, Newdong, and Cheongdo-dong, which came to be near

Accordingly, the defendant deceivings the victim, thereby acquiring financial benefits equivalent to 29,800 won of taxi fares.

2. Around 14:50 on July 19, 2012, the Defendant assaulted the victim by walking the saves of the said victim who prevented him/her from walking the saves of the said victim from walking the saves of the said victim at one stop, without paying the taxi fee as above, in front of the Yongsan-gu Seoul Metropolitan Government 29-10 Korean bank.

3. The Defendant: (a) arrested a flagrant offender at the Yongsan Police Station G District Unit of the Yongsan Police Station G District, which was dispatched after receiving a report on the same date and time as paragraph (2) of the same Article; and (b) assaulted H with a shoulderle one time in the course of boarding the patrol vehicle after arresting a flagrant offender at the patrol team.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning the arrest of flagrant offenders.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of E;

1. Application of Acts and subordinate statutes on police statements made to H;

1. Relevant provisions of the Criminal Act, Article 347(1) of the Criminal Act (Fraud, Selection of Fine), Article 260(1) of the Criminal Act, and Article 136(1) of the Criminal Act concerning criminal facts;

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

1. It is so decided as per Disposition on the grounds of Articles 70 and 69(2) of the Criminal Act or more;

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