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(영문) 서울중앙지방법원 2016.09.21 2016고단2905
위계공무집행방해
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On March 16, 2016, around 02:06, the Defendant called the Defendant’s cell phone located near Seongbuk-gu Seoul Metropolitan Government Unborn Children 162-1 at the 112 branch office of the Seoul Local Police Agency over four times from the Defendant’s cell phone, and “the Defendant died of a household.”

In addition, the president of the female has died.

“A person who was killed by the Defendant even though the Defendant did not murder,” etc.

A false report was made by a police officer belonging to the 112 collective situation room, who was subject to an order by a police officer belonging to the 112 collective situation room, in order to search for the surrounding areas of the site and interfere with legitimate execution of duties of police officers, such as criminal investigation and maintenance of order.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant legal provisions concerning criminal facts, Article 137 of the Criminal Act selective punishment, and the choice of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The defense counsel's assertion and its determination as to Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order asserted that the defendant was in a state of mental and physical loss or mental weakness under the influence of alcohol at the time of committing the crime of this case. Thus, according to the above macroscopic evidence, it is acknowledged that the defendant had drinking alcohol at the time of committing the crime of this case, but it seems that the defendant did not have the ability to discern things or make decisions, and thus, the defense counsel's assertion is rejected.

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