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(영문) 대전지방법원 2018.09.20 2018고단2698
사기등
Text

A defendant shall be punished by imprisonment for up to seven months.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On August 21, 2014, the Defendant was sentenced to imprisonment for ten months with labor due to a violation of the Punishment of Violences, etc. Act (damage, etc. to a group, deadly weapon, etc.) at the Daejeon District Court, and was sentenced to five times prior to violence.

[Criminal Facts]

1. On August 7, 2018, the defrauded: (a) around 22:00, the restaurant for the operation of the Victim D in Seo-gu Daejeon Daejeon, Daejeon; and (b) the Defendant, despite having no intent or ability to pay the price even if the Defendant was provided food from the injured party, was aware that the Defendant would have paid the price to the injured party; and (c) ordered the scrap and alcohol to the injured party; and (d) the Defendant did not pay the price to the injured party, even if the Defendant was provided with the scrap and alcohol equivalent to KRW 24,00,000 in total, and did not obtain

2. On August 7, 2018, at around 22:50 around 22:50, the Defendant: (a) received a report from 112 to the effect that “the drunk is a person under the influence of alcohol and raises trial expenses”; and (b) received a request for an identification card from F to the police officer affiliated with the Daejeon Western Police Station E box called out by the Defendant; (c) the Defendant was under the influence of alcohol to the said F; and (d) the Defendant was in the military service.

D. The Plaintiff expressed a bath to the effect that the Plaintiff “I will die” and “I will die,” and the head of the F is timed at one time by drinking.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Statement made by the police with regard to F;

1. Written statements of D;

1. On-site and damaged photographs;

1. Receipts related to the pre-service service;

1. Each report on investigation;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Relevant Article 347(1) of the Criminal Act (the point of fraud), Article 136(1) of the Criminal Act (the point of interference with the performance of official duties) and the choice of imprisonment for each crime;

1. The grounds for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes (in the event of interference with the execution of official duties) shall interfere with the execution of official duties.

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