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(영문) 울산지방법원 2014.10.02 2014고단2189
사기등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On July 14, 2014, around 03:05, the Defendant ordered the victim to provide alcohol and alcohol at the point of “D” operated by the victim C in Yangsan-si B.

However, there was no intention or ability to pay the drinking value.

The Defendant, as such, by deceiving the victim, was issued a suit with a face value of KRW 17,00 in the market value and the State of Security from the victim.

2. At around 03:25 on the same day as Paragraph 1, the Defendant of the obstruction of performance of official duties, at the location of Paragraph 1, the Defendant: (a) sounded that the Defendant was unable to return home without paying the alcohol value; (b) 112, who was called out after having received a notification that the Defendant was unable to return home despite the completion of his main business; (c) the Defendant was able to pay the alcohol value to the Defendant; and (d) the Defendant’s hand was able to take off the Defendant’s hand out of the main station; and (d) said F was able to take three times the victim’s right buck.

Accordingly, the defendant interfered with the legitimate execution of duties of the victim F in dealing with the 112 reported case.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. C’s statement;

1. Application of each photograph, invoice, or statute;

1. Relevant Article 347(1) of the Criminal Act, Article 136(1) of the Criminal Act and Article 136(1) of the same Act and the choice of imprisonment for the crime;

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

1. The reasons for sentencing under Article 62(1) of the Criminal Act for the suspended sentence under Article 62(1) of the Act on the Suspension of Execution are the crimes No. 1 (Fraud) [the scope of recommending punishment] and Article 62(1) of the Act on the Suspension of Execution where the degree of deception is weak (the person subject to special mitigation) and the mitigation area (one to one year) [the scope of recommending punishment] [the scope of obstruction of performance of official duties] and the mitigation area (one to eight months] (the special mitigation person], where the degree of assault, intimidation, and deceptive scheme is minor, the scope of final sentence due to the aggravation of multiple crimes: One to one year and four months [the decision of sentencing], and thus, the liability for the crimes such as assaulting police officers under the influence of alcohol, etc.

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