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(영문) 수원지방법원 성남지원 2018.06.26 2018고단442
공무집행방해등
Text

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

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On February 23, 2018, the Defendant violated the Punishment of Minor Offenses Act: (a) around 00:32, the Defendant reported to the 112 Emergency Report Center using the Defendant’s mobile phone to the effect that “Any abnormal person exists, and any low-priced person will die,” and filed a false report on a crime or accident not committed against police officials, despite the absence of any person who killed the Defendant.

2. On February 23, 2018, the Defendant interfered with the performance of official duties was found to have a defect in the slope G belonging to the police box of the police station in the game branch, which was dispatched after receiving a report as referred to in paragraph (1) within the “E” located in Seongbuk-si, Sungnam-si, Sungnam-si, and sought confirmation of the above report, and the Defendant’s defect in order to confirm whether the above report was made to the above G himself. The Defendant “I spaws, spaws, and spaws,”

“,” and “I ambling down after the opening of the dog,” and spathing his flab, and shaking his blaps.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of reported cases and the maintenance of order by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to G and I;

1. Application of Acts and subordinate statutes of J;

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

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 3 of the same Act concerning the aggravation of concurrent crimes;

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

1. The sentence shall be determined as ordered in light of the following conditions of the sentencing under Article 62(1) of the Criminal Act, and other conditions of the sentencing indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime.

In order to establish the state's legal order and eradicate the danger of public authority, the fact that there is a need to strictly punish the crime such as interference with the performance of official duties, such as this case, and that it is seriously against the police officer.

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