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(영문) 서울중앙지방법원 2014.08.11 2013고정1972
위계공무집행방해
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

On August 31, 2012, the Defendant reported to the effect that, around 21:11, 201, 201:360-1 India, the fact that the “E” of the D Operation in Jung-gu Seoul Metropolitan Government, did not employ female minors, the Defendant falsely reported to the effect that the phone 112 “E has female minors at the E entertainment tavern waiting room located in C,” and that the control police officer controlled the said entertainment tavern.

From that time until December 4, 2012, the Defendant made a false report to 112 twice in total, such as the Defendant’s list of crimes in attached Table 1, and obstructed the police officer’s legitimate execution of duties concerning the dispatch of 112 declarations by deceptive means.

(A) The prosecutor indicted the instant case as obstruction of performance of official duties by fraudulent means, but stated that the Defendant’s intentional part of the charges indicated that the Defendant’s intent was in mind to interfere with D’s entertainment tavern business, and that D’s main business was suspended as a result of the crackdown on false reports. However, the aforementioned matters are written or expressed that the name of the prosecutor’s crime of prosecution, and that it is not relevant to or consistent with applicable provisions of law, and thus, they were deleted from criminal facts) the summary of evidence.

1. The defendant's partial statement (a statement to the effect that there exists a fact reported 112, such as the statement in the list of crimes committed by the defendant in attached Form 1);

1. Each legal statement of witness D, F and G;

1. Each protocol of examination of the witness to H and D (Seoul Central District Court Decision 2013Kadan2905 case);

1. Protocol of partial examination of the witness to the defendant (A) (Seoul Central District Court Decision 2013Kadan2905 case);

1. Part of the sixth suspect examination protocol (defendant);

1. Each protocol of suspect examination (H, I, J), each protocol of statement (H, K, L);

1. 112 Report Statement (Evidence No. 20, 87), one copy of the list of visitors at least five times, the details of the report processing (Evidence List No. 60), CCTV public telephone (Evidence List No. 91), and request for cooperation in investigation.

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