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(영문) 의정부지방법원 2017.01.18 2016고단4271
사기등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 11, 2016, the Defendant: (a) on September 11, 2016, at the “Esing place” operated by the victim D located in Sacheon-si, and (b) on September 11, 2016, the Defendant took the same attitude that the victim would not have any intent or ability to pay the price even after having ordered the drinking; (c) ordered the victim to pay the price in a normal manner; and (d) on the part of the victim, the Defendant issued an order to pay the price to the victim the price; and (d) on the part of the victim, the Defendant took the order to pay the price to the victim a normal amount of alcohol; (d) 10 C C/O (40,000 won); (d) 30,000 won for entertainment receptions; and (e) 170,000 won for singing room with total amount of money exceeding 1 hour and KRW 20,000.

2. On September 11, 2016, the Defendant: (a) at around 23:00 on September 23, 2016, the Defendant: (b) reported that he did not pay the drinking value from D; (c) reported that he did not pay the drinking value; and (d) attempted to verify the personal information of the Defendant by the police officers G and H; (c) to the police officers G and H, “S shot, shot, sbling, sbling, and brea, and brea, which are well discarded.”

At the same time, the police officers were able to take a view of being able to do harm to G and H and their families, but they were able to see the voice of "I kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn

Accordingly, the Defendant interfered with the legitimate execution of official duties concerning criminal investigation and prevention by threatening G and H, the police officer as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police in relation to G;

1. Each written statement of D;

1. Investigation report (Attachment to these images - Simpl);

1. Application of receipts, on-site photographs statutes;

1. Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 347(1) of the Criminal Act with respect to the facts of the crime concerned;

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

1. Selection of each sentence of imprisonment with labor;

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 suspension of execution (the following favorable circumstances):

1. Order of community service;

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