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(영문) 부산지방법원서부지원 2020.08.11 2020고단739
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. Violation of the Punishment of Minor Offenses Act;

A. On January 3, 2020, the Defendant reported to the 112 general situation room at the Defendant’s house located in the Busan Yagu, Busan Yagu, on the following occasions: (a) on January 3, 2020: (b) the Defendant only received an internal phone from the seat, and even though there was no intimidation, reported to the effect that “any male finds it as his house and intimidation.”

B. On January 4, 2020, around 08:28:28, the Defendant reported to the 1112 comprehensive situation room by telephone at the 112 comprehensive situation room on January 4, 2020, the Defendant reported that “I am away from her own. I am her body. I am her body to protect.”

As a result, the defendant filed a false report on a crime that was not committed by the police.

2. At around 11:20 on January 4, 2020, the Defendant, at the place indicated in the above paragraph (1) and reported by the Defendant 112, sent D’s breast at the time of drinking, without any reason, while making a statement on the particulars of 112 declarations to D’s policemen belonging to the Hen Police Station C District, called up.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

3. While the Defendant, in violation of the Punishment of Minor Offenses Act, was arrested as a flagrant offender at the time and place specified in the above paragraph (2), and was under investigation at the C District E located in Busan, the Defendant expressed a breath view that “the results of the C District,” and collected documents on his book, and laid down a coffee on the floor.

As a result, the Defendant, while under the influence of alcohol, conveyed by very rough words and conducts for about one hour at a public office.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. Statement on the actual state of exploitation;

1. 112 reported details;

1. Application of the photographic Acts and subordinate statutes;

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 (a point of obstruction of performance of official duties), Article 3 (3) 1 of the Punishment of Minor Offenses Act (a point of the disturbance of cancellation of the government office), and the selection of fines for each crime;

1. Article 37 of the Criminal Code among concurrent crimes.

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