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(영문) 인천지방법원 2019.05.03 2019고단378

공무집행방해등

Text

Defendant shall be punished by a fine of eight million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. No person shall make a false report on any crime or disaster to a public official who is not in violation of the Punishment of Minor Offenses Act;

피고인은 2018. 12. 15. 05:18경 인천 서구 B빌라 C호에서, “내가 죽을거야, 빨리 와, 내가 사람 죽일거다, 내가 지금 목을 맸다”라는 취지의 112 신고를 하여 있지 아니한 범죄나 재해 사실을 공무원에게 거짓신고 하였다.

2. The Defendant engaged in obstruction of performance of official duties, at the time and place specified in the above Paragraph (1) above, and the police officer affiliated with the Incheon Western Police Station D District District D District D District D, which received the above 112 report, in order to have the Defendant listen to the circumstances of the report, and confirmed that there is no error in the Defendant’s body, and subsequently, the Defendant committed assault, such as the defect to return to the Defendant, the replacement of the chest part of the above E, the escape part of the Defendant’s chest, the escape from walking the left part of the above E, and the above E, and the Defendant was pushed, pushed, pushed, pushed, pushed, etc.

As a result, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Details of receipt of 112 Reports, application of Acts and subordinate statutes to police officers' photographs;

1. Relevant provisions of the Punishment of Minor Offenses Act, Article 3 (3) 2 of the Punishment of Minor Offenses Act (a false report), Article 136 (1) of the Criminal Act, and the selection of fines for negligence;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment is that the nature of the crime in light of the background of the crime in this case, the degree of violence, etc.

In order to establish the legal order, crimes that obstruct the legitimate performance of police officers' duties are recognized to require strict punishment.

The defendant has been sentenced to criminal punishment several times for violent crimes, and has been sentenced to a fine for obstruction of performance of official duties in around 2013.