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(영문) 부산지방법원 2018.04.26 2017노4823
경범죄처벌법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of 300,000 won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. Defendant misunderstanding of fact (Defendant) reported to 112 each time the noise between the actual floors ended.

Nevertheless, the court below found the Defendant guilty of the facts charged of this case, which erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. As to the punishment which the court below rendered (the defendant and the prosecutor), the defendant asserts that the defendant is too unfasible and unfair, and the prosecutor is too unfasible and unfair.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.

A. Although the Defendant was prohibited from falsely reporting to a public official a crime or accident that is not a summary of a part of the facts charged, the Defendant is obliged to make noise and intimidation on September 30, 2016 at his/her own residence located in Busan Northern-gu C.

“A false statement, including a false statement, from around October 27 to around 27 of the same year, filed a false report 36 times in total as shown in Nos. 7, 8, 9, 12, 13, 18, 19, 21, 22, 24, 26, 28, 29, 30, 31, 33, 34, 35, 38, 40, 41, 45, 47, 50, 56, 59, 61, 64 through 69, 71, 72, and 73.

B. The lower court found the Defendant guilty of the instant facts charged in full view of the evidence presented in its judgment.

(c)

There are statements made by the police about D and reports made by 112 as evidence that corresponds to this part of the facts charged.

However, each of the above evidence alone is sufficient to recognize the fact that the defendant was 112 on the date set forth in each of the above sequences in the annexed crime list and did not immediately cease or respond thereto, or that the defendant appealed against the police measures without the report or requested counseling with the police. It is insufficient to recognize the fact that the defendant filed a false report on a crime or disaster that was not the defendant.

B. Around 112, there is only a statement that “the content confirmation is not possible” on the list of reported cases, and the content reported by the Defendant.

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