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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. On October 26, 2019, at a restaurant located in Incheon Strengthening Group B, the Defendant issued an order for food and alcohol as if he would normally pay the price to the victim C, who is an employee, even if he did not have any cash or other means of payment, as the Defendant did not have any intent or ability to pay the price even if he/she ordered the food, since he/she did not have any cash or other means of payment.
The Defendant, as above, by deceiving the victim, received from the victim the delivery of 21,000 won in total of the market value, one spawn land and two spawn.
2. On October 26, 2019, the obstruction of performance of official duties and the Defendant was arrested as a flagrant offender in fraud by means of the circumstances E belonging to the Incheon Reinforcement Police Station D District Unit, etc., sent to the site after receiving 112 reports by committing the above fraud at the places specified in paragraph (1) around 20:50.
피고인은 같은 날 22:10경 인천 강화군 F에 있는 인천강화경찰서 G 사무실에서 조사 대기 중 술에 취하여 특별한 이유 없이 인천강화경찰서 G 소속 피해자 경사 H(37세)에게 ‘내 신분증 어딨어 씨발놈아. 내 핸드폰 어딨냐고 씨발놈아. 씨발놈아 좆만한 새끼야’라고 욕설을 하고, 피해자가 이를 제지하자 주먹을 들어 약 5회 가량 피해자의 얼굴을 때릴 듯이 위협하였고, 오른쪽 발로 피해자의 낭심 부위를 2회 차고, 손가락으로 피해자의 오른쪽 눈을 찌르고, 피해자의 오른쪽 가슴 부위를 입으로 세게 깨물었다.
As a result, the defendant interfered with police officers' legitimate execution of duties concerning the handling of reported cases and the investigation of crimes, and at the same time, the victim injured the victim on the right chest of the days of treatment.
Summary of Evidence
1. The Defendant’s partial statement in the court did not agree with the backline of the victimized police officer regarding obstruction of the performance of official duties and injury among the facts charged of the instant case, and there was no suspicion or excess by the victimized police officer.