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(영문) 인천지방법원부천지원 2020.11.24 2019고정474

위계공무집행방해

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On March 27, 2018, around 14:03, the Defendant, at the Bupyeong-si B building C Dong, employed an online singing room with a mobile phone of 112, and sold drinking in D, and had the police officials visit the site by reporting false facts, thereby hindering the legitimate performance of duties concerning the handling of the 112 reported case by a police official by deceptive means.

[In addition to the above facts charged, the defendant also stated that the defendant interfered with legitimate performance of duties concerning the handling of the 112 reported case by deceptive means by reporting two false facts such as "," and "," to the police public officials from the same time to the scene. However, the defendant has different arguments from the police investigation to the court, and that the defendant did not report such false facts because F abused himself/herself, and the witness F used the head of the defendant at the time in this court, and the defendant did not make a statement that there was a tension because he/she did not go against the defendant. This is consistent with the defendant's defense, and there is no other evidence to conclude that the above report was false, and thus, the part concerning obstruction of performance of duties due to deceptive means constitutes a case where there is no evidence to prove that the above report was false. However, if the defendant committed several acts falling under the name of the same crime and continued to commit the same act for a certain period from 20 days to 180 days in total, 2010 to 18 days in relation with each of the same crime of damage (see Supreme Court Decision 2010Do14.2015.20