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(영문) 부산지방법원 2018.09.18 2018고단3288
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than four months and by a fine not exceeding 300,000 won.

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

Reasons

Punishment of the crime

1. On June 19, 2018, the Defendant filed a false report on a crime in violation of the Punishment of Minor Offenses Act with the content that “a person died, kills, written in front of the D community service center C, and written in writing on the door,” using a public telephone in front of the C. of the Busan Young-do B building, and filed a false report on a crime with the public official.

2. On the same day as Paragraph (1) and 23:58 on the same day, the Defendant: (a) received the said report at around 23:58, and received the said 112, and reported the arrival of the guard F for the patrol vehicle belonging to the Busan Young-do Police Station Edistrict, Busan, to arrive at the scene; (b) and (c) was aboard a drinking boat made through open windows of the patrol vehicle’s seat, and was boarding the said patrol vehicle.

F made one time a part of the left side of the F.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the protection of the lives and bodies of the people of police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to a criminal investigation report (at the time of dispatch to the scene);

1. Relevant provisions of the Act on the Punishment of Minor Offenses, Article 3 (3) 2 of the Punishment of Minor Offenses Act (the point of false reporting, the choice of fines), and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties, and the choice of imprisonment);

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 3 and 50 of the same Act, which increases concurrent crimes;

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

1. Article 62 (1) of the Criminal Act concerning the suspension of the execution of imprisonment (with prison labor);

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] and the basic area (six months to one year and six months) (no person subject to special sentencing] shall interfere with the performance of public duties;

2. The sentence of sentence was rendered in violation of the Act on the Establishment of the Local Reserve Forces in around 1980, and there is no criminal history other than that sentenced to a fine of KRW 20,000,00, and the mental and medical treatment is being performed due to the disease of the "stimulative disorder", and other circumstances after the crime were committed.

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