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(영문) 대구지방법원 서부지원 2019.03.12 2018고단898

경범죄처벌법위반

Text

Defendant shall be punished by a fine of KRW 100,000.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On March 5, 2018, at around 05:19, the Defendant: (a) repeatedly called 43 times to the 112 comprehensive situation room of the Daegu Provincial Police Agency on the ground that he/she did not cover his/her cell-freeton in Seo-gu, Seogu, Seo-gu, Seo-gu, (b), and (c) issued instructions to remove a lock through a radio operator or a mobile phone agency after checking the situation of the slopeD dispatched to the site around 06:42 on the same day; (b) however, the Defendant obstructed the duties of the employees of the 112 comprehensive situation room on official duties, such as demanding the withdrawal of a lock by repeated phone from 78 times until 07:38 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. An investigation report (with respect to the details of 112 declarations and the failure to attach a voluntary consent form);

1. Application of Acts and subordinate statutes to investigation reports (112 comprehensive situation room’s hearing of oral statements);

1. Relevant Article 3 (2) 3 of the Punishment of Minor Offenses Act, the selection of fines for crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. In full view of all the circumstances, including the fact that the defendant's reason for sentencing under Article 334(1) of the Criminal Procedure Act recognizes and reflects his/her mistake, the circumstances leading up to the crime, the degree of the crime, the criminal records, and the prosecutor's life penalty (200,000 won) are determined as above.

Public prosecution dismissed part (jun part of the facts charged)

1. On March 5, 2018, the primary Defendant filed a false report via a house phone call to the Daegu Provincial Police Agency without any justifiable reason, despite the absence of a crime or disaster.

2. The purport of Article 254(4) of the Criminal Procedure Act stipulating that “The facts charged shall be stated to specify the time, date, place, and method of a crime,” is to ensure the efficiency and swiftness of a trial by limiting the object of a trial, and to facilitate the exercise of defense rights by specifying the scope of defense to facilitate the exercise of defense rights of the defendant. As such, the prosecutor is the above three specific elements.