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(영문) 대구지방법원 2017.05.30 2017고단477
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 October 22, 2016, the Defendant and C received an alcoholic beverage equivalent to KRW 300,000,000,000, in total, including KRW 80,000,00,000, in total, and KRW 30,000,00,000,000, in the case of an alcoholic beverage with the victim E in Daegu-gu, Daegu-gu, Daegu-gu, and even if they drink, they did not have the intent or ability to pay the price. However, even if they drink, they received an alcoholic beverage as if they were to pay the price.

Accordingly, the defendant, in collusion with C, has earned a total of 300,000 won in property benefits.

2. On October 22, 2016, the Defendant was asked to ask questions and present identification card on the circumstances of the instant case from the police officer belonging to the police officer belonging to the Daegu Dong-dong Police Station G District, Daegu, which called the Defendant at the above location on October 22, 2016, at around 05:05, and reported that he did not pay the drinking value, and the Defendant was requested to ask questions and present identification card. On the other hand, the Defendant was able to ask him about the instant case from the police officer belonging to the police officer belonging to the police officer belonging to the Daegu Dong-dong Police Station, Daegu, the police station of the Daegu-dong Police Station, who called the Defendant, while making a bath view that “I ambling the left side of H, and the chroke in which I display both arms, and arrested the flagrant offender.”

“In doing so, an assault was committed, such as attempting to see the face of a slope I due to the left development.”

Accordingly, the defendant interfered with the legitimate execution of official duties of police officers on the handling of reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Each police statement made to I and H;

1. A E-document;

1. Written estimate;

1. Application of the Act and subordinate statutes on the site of G belt work and the site photograph of the case;

1. Article 347(1) and Article 30 of the Criminal Act applicable to the facts constituting an offense (the point of fraud) and Article 136(1) of the Criminal Act (the point of interference with the execution of official duties);

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (limited to cases where a person interferes with the execution of official duties);

1. Selection of each sentence of imprisonment;

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. Suspension of execution;

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