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(영문) 수원지방법원 안양지원 2015.04.22 2014고정1068
위계공무집행방해
Text

Defendant shall be punished by a fine of 600,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On July 23, 2014, at around 03:29, the Defendant filed a false report to police officials on a crime that the Defendant did not indicate that he/she was dead of people, and that he/she did not indicate that he/she did not have any intention to die in the vicinity of the Mayang-si, Annyang-si, and that he/she did not indicate that he/she was "the 112 staff who was reported on the fact that he/she was a beneficiary of the Manyang-si, and that he/she was "the Manung-si, who was a beneficiary of the Man-si, died

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

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

1. Article 3 (2) 2 of the Punishment of Minor Offenses Act and the Selection of a fine for the crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The portion not guilty of the fine amount as ordered in light of the circumstances such as the fact that the form of the act is inferior, such as leaving all mobile phones so that it can not be easily discovered after the false report on the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, and the act of the defendant resulted in the waste of police force, etc.

1. The summary of the facts charged was falsely reported as stated in the facts constituting a crime, and sent out to the vicinity of the police box of the Ansanan Police Station and seven other persons, including D/S of the police box affiliated with the defendant's report and searched for more than one hour and twenty minutes, and the staff of the 112 reception situation room and violent criminal police officers were mobilized in an emergency situation, such as requiring them to make an emergency call to the radio officer.

As a result, the defendant interfered with legitimate execution of duties by eight police officers belonging to Escopies, the personnel of the 112 Receiving Situation Office, and the strong criminal offenders.

2. Determination

(a) In investigating a criminal case, the investigative agency shall have the right to determine the suspect regardless of the statements of interested persons and to collect and investigate objective evidence to recognize the suspected facts;

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