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(영문) 울산지방법원 2015.01.22 2014고단3583
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[Criminal Power] On November 1, 2012, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.) at the Ulsan District Court, and completed the execution of the sentence at a detention center on September 4, 2014.

【Criminal Facts】

1. From November 16, 2014 to 20:20 on November 20, 2014, the Defendant interfered with the business of the Defendant: (a) under the influence of the victim D’E operated by Ulsan-gu, Ulsan-gu, a female under the name and drinking in the same restaurant; (b) took a bath for the said female; and (c) took a heavy bath to the victim and the above restaurant grandchildren, and (d) took a bath to the said cafeteria; (b) made the said cafeteria, the Defendant had the customers in the said cafeteria feel uneasiness; and (c) obstructed the victim’s operation of the said cafeteria by force by force.

2. On November 16, 2014, at around 20:50 on November 16, 2014, the Defendant received the sum of KRW 12,000 from the victim D with no intention or ability to pay the price in the restaurant under Paragraph 1, and acquired it by fraud.

3. At around 21:00 on November 16, 2014, the Defendant: (a) was arrested as a flagrant offender from the head of the police station in the Ulsan Central Police Station, the police station in the Ulsan Central Police Station, and the head of the police station in the Seoul Central Police Station, who was dispatched after receiving a report on the disturbance as referred to in paragraph (1), and was arrested as a flagrant offender at the back seat of the patrol vehicle; and (b) caused the Defendant to board the patrol vehicle to board the back seat of the patrol vehicle, the Defendant expressed a bath to the effect that “I spice, spice, spice, spices, and spices, spices, etc., on the left hand, who were on board the said patrol group on one occasion, interfered with the legitimate execution of duties concerning the arrest of a flagrant offender in the above G.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G and D;

1. A written statement of I;

1. Each report on investigation;

1. Previous records: Criminal records, current status of confinement, report on the previous records and results of confirmation of each disposition, and application of Acts and subordinate statutes to each written judgment;

1. Article 347 of the Criminal Act of this Act concerning criminal facts.

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