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(영문) 창원지방법원 2018.08.09 2018고단869
경범죄처벌법위반
Text

The defendant shall be innocent.

Reasons

1. On March 25, 2018, the Defendant: (a) around 05:15 on March 25, 2018, the summary of the facts charged in the instant case was assaulted against a police officer in front of his/her vehicle located in the Sungwon-gu, Sungwon-si apartment B, Sungwon-gu, Sung

“A false report was made to police officials on an unindicted 112.”

2. The police officer, upon receiving a report from a proxy engineer on the above date and time and place of the Defendant’s assertion, did not make a false report on the following grounds: (a) the police officer conducted a threatening speech and behavior to see the spirit of interfering with the performance of official duties while locking on the wall; and (b) reported 112.

2. As long as the reporting person reported objective facts as they are, it cannot be said that the crime of false accusation is established on the ground that the reporting person made a mistake in the subjective evaluation of law based on the objective facts and made a false report with only the fact (see Supreme Court Decision 83Do3245, Jun. 25, 1985). According to the records of the instant case and the witness C’s testimony, etc., the following facts concerning the instant facts charged can be acknowledged.

The Defendant had a proxy engineer drive his vehicle on the day of the instant case, and there was a dispute over the payment of expenses in the parking lot indicated in the facts charged and reported by the proxy engineer.

Accordingly, the police officers C and E sent out to the scene and recommended the defendant to settle the proxy expenses and return to home, and the defendant completed the settlement of the proxy expenses by sending the card number to the call center for the proxy engineer.

After that, the Defendant demanded the proxy engineer to move the vehicle to the F apartment parking lot that he resides, and the proxy engineer neglected this, obscing him, and obscing him, and the police officer avoided the front of the Defendant by blocking the front of the Defendant and cutting his arms.

Police E is a police officer E.

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