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(영문) 서울북부지방법원 2015.10.16 2015고정1719

위계공무집행방해

Text

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

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

Reasons

Punishment of the crime

On January 22, 2015, at around 13:15, the Defendant reported the news that Dokdo was recorded as Japanese territory in the Japanese defense white book, and reported it to the Japanese Embassy. However, even though there was no think that the Japanese Embassy would actually spread, the Defendant called “the Japanese Embassy will break off and throw away the Japanese Embassy.” The said Embassy staff reported it to the police, and 10 police officers, such as D, etc., were dispatched to the said Embassy.

Accordingly, the defendant interfered with the legitimate execution of official duties by fraudulent means.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to F working places in the senior police station);

1. Article 137 of the Criminal Act concerning the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

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