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(영문) 전주지방법원 2016.12.21 2016고단1881
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. On August 10, 2016, the Defendant violated the Punishment of Minor Offenses Act: (a) on the front day of “C” located in Masan-gu, Masan-si; (b) despite the fact that there was no damage related to the knife, the Defendant filed a false report on the criminal facts that the Defendant did not read “C” using a cell phone to the effect that “emergency is prompt and appropriate for chife,” and that the Defendant reported it to police officers on the crime that was not called “C”, despite the fact that there was no damage related to the knife.

2. On August 10, 2016, the Defendant: (a) expressed that, at the Jeonnan Police Station E District of the Jeonnsan Police Station E-gu, Jeonsan-si, Jeoncheon-si, the Defendant was examined as a assault incident by, and that, F and G, known to P and Park were examined as, the assault case; and (b) expressed that, “YYYYYYYYYYYYYYYYY YYYYYYYYYYYYYY YYYYYYYYYYYYYYYYYYYYYYYYYYYYY YYYYYYYYYYYYYYYYYYYYY YYYYYYYYYYYYYYYYYYYYYYYY YYYYYYYYYYYYYYYYYYYYYYYYYYYY

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on crime prevention and maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement of H;

1. A photographs of damaged parts and CCTV images;

1. Application of Acts and subordinate statutes on details of handling 112 Reporting Cases;

1. Relevant Article 136(1) of the Criminal Act (the point of obstruction of performance of official duties), Article 3(3)2 of the Punishment of Minor Offenses Act (the point of false declaration), and selection of each fine for the crime;

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 defendant's reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order cannot be deemed to be less than that of each of the crimes in this case. However, the primary crime of the defendant is the defendant, and the defendant's age, character and conduct, motive, means and result of the crime.

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