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(영문) 광주지방법원 목포지원 2018.10.12 2018고단321
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On March 13, 2018, the Defendant interfered with the performance of official duties, upon receiving a report from 112 that “the murder case will occur” in the Defendant’s residence located in the Southern-gun B located in the Southern-gun, the Defendant recommended the Defendant to enter the police box D and slope E with the process leading up to the dispatch of the police box, and the Defendant’s handout, etc., on the ground that “I am out of the military.”

The term "to throw away an inner face" refers to "to throw away a death," and the background D and slope E to the 2-3 times by intimidation.

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

2. The criminal defendant who violated the Punishment of Minor Offenses Act shall be called 112 while under the influence of alcohol in the residence of the defendant in the south-gun B from March 12, 2018 to March 23:56 of the following day, and shall be called 112 on the date of murder.

In B, a public official filed a false report on a crime not extending over five occasions with the content of “the murder case will occur”, “the death of that person,” “A” and “A”.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D and E;

1. Police seizure records;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 3 (3) 2 of the Punishment of Minor Offenses Act (the point of false reporting) of the same Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment is the time when the defendant committed the crime, and the police officer D or E does not want the punishment against the defendant, and the defendant does not have any criminal record except for the defendant who received a fine of one million won due to the crime of damaging property, and all the arguments of this case are shown in the arguments of this case, such as the age, sexual behavior, environment, etc. of the defendant.

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