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(영문) 의정부지방법원 2017.07.04 2016노3709
경범죄처벌법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the defendant involved in kidnapping a taxi engineer at the time of appeal.

I think that the police call was made, so the defendant did not have any intention to commit a false report.

2. The following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, i.e., the Defendant: (a) transported a taxi driver to the police station on his/her cell phone while boarding and leaving a taxi;

In light of the fact that the police officer who confirmed the location from B was dispatched to the site but the defendant was not confirmed at the time of the report of this case, it can be acknowledged that the police officer did not have any crime that could be dispatched immediately at the time of the report of this case. In light of the fact that the police officer who confirmed the location from B was dispatched to the site, the police officer, at the time of the report of this case, did not have any crime that could be dispatched immediately.

Therefore, this constitutes a case where a false report is made to a public official about an unlisted crime or a disaster, which is punishable by Article 3(3)2 of the Punishment of Minor Offenses Act, and the mere fact that the Defendant asserts that such a report is merely an exaggeration of true facts or that there was no perception that the Defendant is false.

Therefore, it is difficult to see the defendant's above assertion.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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