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(영문) 수원지방법원 안양지원 2018.11.27 2017고단1272
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[Power of crime] The Defendant was sentenced to a suspended sentence of two years on September 29, 2018, on September 21, 2018, to imprisonment with prison labor for four months as a crime of assault in the support for the development of the Suwon method. The judgment was finalized on September 29, 2018.

[Criminal facts]

1. On June 24, 2017, the Defendant, even though he/she did not have the intent or ability to pay the price, acquired the amount equivalent to KRW 9,100,00 in total of market prices, such as tobacco and minging, by means of an outdoor test of convenience store, and by means of cutting and planting, etc., in the case of the victim D’s operation E, which is located in the Sinpo-si, Sinpo-si, Sinpo-si, Sinpo-si,

2. The Defendant who interfered with the performance of special official duties will bring about money to H who is a public official belonging to the police station of the Military Military Police Station G District called out after receiving a report at around 10:50 on the same day.

In addition to H, the restaurant operator visited the J restaurant located in Kunpo City I, and then the restaurant operator "the defendant has a mental problem, and the previous day has ceased to exist.

The reason that he said that he said that he read “in ..... in the restaurant, he will leave the kitchen while putting it into the kitchen, and he will throw away it well, and she will die as he gets out of H.

“Along with the fact that a police officer’s legitimate performance of duties was obstructed by threatening the victim, as the victim was with a dangerous article in his/her place of knife.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A statement F and K;

1. Deadly weapons, photographs, convenience stores, and J CCTV photographs;

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, and a text of judgment (explosive assistance 2017 High Order 1311);

1. Relevant legal provisions of the Criminal Act, Article 347(1) of the Criminal Act (the point of fraud), Articles 144 and 136(1) (the point of obstructing the performance of official duties carrying dangerous articles) of the Criminal Act, and the choice of imprisonment with prison labor;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Application of the sentencing criteria: Criminal Act;

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