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(영문) 수원지방법원 2018.08.09 2018고정400

위계공무집행방해

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

A defendant commits suicide on October 18, 2017 by using his/her mobile phone in the name of the defendant at around 06:49.

Then, 112 was reported with false content and 07:20 on the same day as “I wish to die” and 112 was reported with false content.

As a result, the defendant reported 112 by fraudulent means and interfered with the police officer's performance of duties.

Summary of Evidence

1. A criminal investigation report (as of October 18, 2017), a criminal investigation report (as of 112, a recording file and a case handling file), a criminal investigation report (as of 112, a recording file of a report);

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

1. Article 137 of the Criminal Act applicable to the crime and Article 137 of the Criminal Act of the choice of punishment [mainly, the defendant puts on the phone 112 reporting each time before and after the report of false content, and each act of falsely reporting the criminal facts committed by the defendant constitutes a single comprehensive crime as an act committed in connection with the same opportunity at a time]; selection of fines

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;