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(영문) 춘천지방법원 2016.05.12 2016고단265
사기등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On March 20, 2016, around 07:00 on March 20, 2016, the Defendant: (a) had, as if he did not have any intent or ability to pay the price, had the victim deceptioned as if he were to calculate the price; (b) had four instances of a disturbance equivalent to KRW 2,000 in the market price displayed on the said shop; and (c) had received property worth KRW 9,000 in total of the market price by the same method three times in total, as shown in the list of crimes in the attached Table, from that date to 11:00 on the same day.

2. Around 11:19 on March 20, 2016, the Defendant: (a) was drinking food without paying the price as above within a sobrying room; (b) the Defendant, upon receiving a report from 112, threatened G members of the F District of the Chuncheon Police Station, who were dispatched to the site with the 112 report, with the view of “a sprinking, sprinking, sprinking, sprinking a bit of bitch bitch; and (c) threatened G members of the current criminal who were going to be arrested as a bitle of fraud with both hand, and assaulted each other by taking the developments leading up to the continuous arrest of the criminal.

As a result, the defendant has prevented the police officers from performing their legitimate duties in relation to criminal investigation and maintenance of order.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H and G;

1. Application of Acts and subordinate statutes of E and I;

1. Relevant Article 347(1) of the Criminal Act and Article 136(1) of the Criminal Act for the crime (a point of fraud) and Article 347 of the Criminal Act for the choice of punishment (a point of obstructing the performance of official duties);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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. Article 62 (1) of the Criminal Act on the stay of execution (including the fact that the amount of damage caused by fraud is minor, the defendant does not have any criminal record, and the fact that he/she seems to reflect it);

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