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(영문) 서울중앙지방법원 2019.03.27 2018고단4321
공무집행방해등
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

1. At around 02:30 on June 14, 2018, the Defendant: (a) reported 112 at the front of Gangnam-gu Seoul, Seoul; (b) stated that “A police officer affiliated with the Seoul Gangnam Police Station C commander of the Seoul Gangnam Police Station, who was dispatched to the said facility, reported that “A police officer who had been reported due to the receipt of a report, and reported any son,” carried the body of the said D two times.

Accordingly, the defendant interfered with the police officer's 112 report processing and legitimate execution of duties concerning the protection of people's body and property.

2. On June 14, 2018, the Defendant violated the Punishment of Minor Offenses Act: (a) around 02:48, the place indicated in paragraph (1); (b) the police officer did not have been assaulted by the police officer; (c) the police officer did not object to the police officer’s notification; and (d) the police officer sent a phone call to the 112 Reporting Situation room with his cellular phone, and reported the police officer, who was a public official, of the crime that was not “E,” and reported the police officer’s false fact-finding that was not called “the police box, the police box, and his name.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each photograph of CCTV screen;

1. Recording files of false reports;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 136 (1) of the Criminal Act; Article 3 (3) 2 of the Punishment of Minor Offenses Act concerning the crime;

1. Each selective fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Although the Defendant’s reason for sentencing under Article 334(1) of the Criminal Procedure Act does not seem to be against the legitimate public authority without any justifiable reason, the Defendant’s act is considered to be light. However, considering the circumstances, such as the depth of the instant case and the fact that the injury is minor, and other various conditions of sentencing indicated in the record, such as the damage.

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