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(영문) 대전지방법원 천안지원 2016.12.23 2016고단2226
공무집행방해등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On October 27, 2016, the Defendant, who violated the Punishment of Minor Offenses Act, made a false statement to the effect that “The Defendant, at his father C’s house located in Sejong-si, calls to the 112 comprehensive situation room to use his/her mobile phone, and calls to the 112 comprehensive situation room where his/her official name cannot be known,” even though he/she did not intend to cause a fire at the time, he/she made a false statement to the effect that “I want to see, and I wish to die in his/her house.”

As a result, the Defendant reported a false crime or accident to a public official.

2. The Defendant reported 112 false information at the time and place specified in Paragraph (1) of the obstruction of performance of official duties as above, and was asked questions from the slope E belonging to the Sejong Police Station that received 112 reports on the details of the report by the staff of the police box affiliated with the Sejong Police Station that received 112 reports, and reported 112 to undergo consultation with the police officer, and collected the cell phone used in his hand to the above E, stating that the internal report is not about to franchisp superior.

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers regarding the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. 112 Application of the 112 Reporting Report List, each photographic Act and subordinate statutes;

1. Relevant Article of the Criminal Act, Article 136(1) of the Criminal Act (the point of obstruction of performance of official duties), Article 3(3)2 of the Punishment of Minor Offenses Act (the point of false reporting), and the selection of fines for negligence;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Taking into account the fact that the crime for sentencing under Article 334(1) of the Criminal Procedure Act is committed, and that there is no same record, etc.

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