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(영문) 수원지방법원 성남지원 2018.03.14 2017고단3156
위계공무집행방해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On September 27, 2017, around 06:14, the Defendant sent to the scene the Defendant’s house located in the Dong B 103 of Gwangju-si building B, and even though the occurrence of murder did not occur, the Defendant called 119 days by using Defendant’s mobile phone, and reported 119 to “in the front three streets, women are knife in the knife at the C.m...,” and sent H, I, etc. to the police officer affiliated with the fire station of Gwangju-si, E, F, and G police station of Gwangju-si.

In the end, the Defendant interfered with the legitimate execution of duties by fire officers and police officers related to 119 reporting and 112 reporting management by fraudulent means.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (the I telephone conversations of police officers on dispatch);

1. A criminal investigation report (to be accompanied by emergency medical services);

1. 112 Application of the Acts and subordinate statutes governing the table of reported case settlement;

1. Articles 137 and 40 of the Criminal Act, and selection of fines concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order causes the waste of the rescue personnel of the U fire station and the police station’s investigation power, and the nature of the instant false reporting that interferes with the appropriate exercise of the public authority is not easy, and the Defendant’s repetition of the same crime three times from July 30, 2017 to the day before the instant crime is committed is disadvantageous.

However, the judgment of the court below is based on the following facts: (a) the previous crime was tried only for the original crime and did not receive formal trial; (b) there was no record of the same crime before 2017; and (c) the judgment and recognition records affected by the existing proof of alcoholic content are expected to lead to the crime of this case; (c) the defendant is against himself; and (d) the defendant is making efforts to correct his character and behavior, such as hospitalization at the hospital for treatment of proof of alcoholic content; and (e) the defendant's age, occupation, sex, family relation, living environment, circumstances leading to the crime, and circumstances after the crime.

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