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(영문) 부산지방법원 2018.10.16 2018고정1056

경범죄처벌법위반

Text

Defendant shall be punished by a fine of 600,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On January 27, 2018, the Defendant reported a false crime using his/her mobile phone to the Center for Report on Crimes 112 reported by the Busan National Police Agency (hereinafter “D restaurant”), which did not read “the person who was assaulted, was the same,” and filed a false report on the crime in the same manner as on the same day at around 15:44.

Summary of Evidence

1. Statement by the defendant in court;

1. Details of processing reports, and application of Acts and subordinate statutes to reports on investigation (the call of police officers dispatched to the scene);

1. Relevant provisions of the Act on the Punishment of Minor Offenses and Article 3 (3) 2 of the Punishment of Minor Offenses Act (Optional to the punishment);

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The defendant's defense counsel asserts to the effect that the defendant committed the instant crime under the mental and physical weakness due to the existence of alcohol, etc.

However, according to the evidence duly adopted and examined by this court, the defendant is found to have received a diagnosis of alcohol existence prior to the crime of this case, but it does not seem to have reached a weak level of ability to discern things or make decisions at the time of the crime of this case. Thus, the above assertion is rejected.