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(영문) 울산지방법원 2016.05.13 2016고단281
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 becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 1, 2016, the Defendant issued an order for alcohol and alcohol as if the Defendant would pay the alcohol value to the victim, even though the Defendant did not have the intent or ability to pay the alcohol value to the victim, in the “Dudio” operated by the victim C in Ulsan-gun, Ulsan-gun, Ulsan-gun.

The Defendant, as such, by deceiving the victim, received the delivery of alcohol and alcohol equivalent to KRW 240,00 from the injured party.

2. The Defendant interfered with the performance of official duties, upon receiving a report of 112 that the Defendant did not pay the drinking value at a time and place of paragraph 1, and sent out, the Defendant: “F, a police officer affiliated with the Ulsan-gu Police Station E box, paid the drinking value to the Defendant and returned home; “F,” “F,” string the strings worn by F, carried on the floor of the strings, and carried the f face by hand.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the suppression and investigation of the above FF crimes.

Summary of Evidence

1. Statement by the defendant in court;

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

1. C’s statement;

1. Application of the receipt statute

1. Relevant legal provisions of the Criminal Act, Article 347(1) of the Criminal Act, Article 136(1) of the Criminal Act, the choice of imprisonment for a crime, and the choice of imprisonment for a crime;

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. The sentencing of Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act is the only one crime (Fraud) [the scope of the recommended punishment] and the basic area (from June to June) of Class 1 (the period of less than KRW 100 million) [no person subject to special sentencing] [the scope of the recommended punishment] and the basic area (from June to one year and four months) of Category 1 (Interference with Execution of Official Duties) [the scope of the recommended punishment] of the basic area (from June to one year and four months), [the person subject to special sentencing] of the aggravated punishment: Six months to two years [the sentence] below and below, and all other records and changes have occurred in the following circumstances: the defendant's age, sexual behavior, environment, motive, means, methods, results, before and after the crime in this case.

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