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(영문) 서울동부지방법원 2019.03.06 2019고단104
사기등
Text

A defendant shall be punished by imprisonment for six months and by a fine of 100,000 won.

If the defendant fails to pay the above fine, 50.

Reasons

Punishment of the crime

1. On December 19, 2018, around 11:25, 2018, the Defendant: (a) committed as if he had no intent to pay food costs in “C” restaurant operated by the victim’s nameless boxes in Songpa-gu Seoul, Songpa-gu, Seoul; and (b) subsequently, the Defendant corrected “52,000 won” to “51,60 won” at the authority of KRW 51,60,00, total market value of the said restaurant’s employees, such as two persons, six diseases, and one disease, both of which overlap with D.

(No. 9) A reasonable amount of food has not been paid after being provided.

2. 공무집행방해 피고인은 위 제1항의 일시, 장소에서 “손님이 음식을 먹고 돈을 안내고 있다”는 112신고를 받고 출동한 서울송파경찰서 E지구대 소속 경사 F으로부터 음식대금을 지불하지 않는 경위에 대한 질문을 받자, “좇같은 새끼야, 짭새자식아, 이새끼, 저새끼”라고 욕을 하며, F의 목을 밀치고 턱을 주먹으로 가격하는 등 폭행하였다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

3. The Defendant, in violation of the Punishment of Minor Offenses Act, dumped cigarette butts in the roadside at the same time and place as the above paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and D;

1. Application of the Acts and subordinate statutes concerning unpaid receipts of food payments, cigarette butts, and photographs without permission;

1. Relevant provisions of the Criminal Act and Article 347(1) of the Criminal Act that govern the crime, the choice of punishment (Fraud, the choice of imprisonment), Article 136(1) of the Criminal Act (the obstruction of performance of official duties, the choice of imprisonment), and Article 3(1)11 of the Punishment of Minor Offenses Act (the occupation of speculation, such as garbage, and the selection of fines);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. Social service order under Article 62-2 of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: the defendant.

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