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The defendant shall be innocent.
Reasons
1. The summary of the facts charged was owned by the Defendant’s mother C on January 2, 2015.
DWts’ automobiles as security and borrowed KRW 10,000,000,000,000,000, but it was impossible to identify the location of the said automobiles while the automobiles were not repaid. In order to find the automobiles, the said automobiles were used to make a false declaration as stolen.
On November 13, 2015, the Defendant: (a) computerized the said vehicle with a multiple-choice vehicle at the police station located in Yeongdeungpo-gu, Young-gu, Young-gu, Sin-si; (b) on November 13, 2015, the Defendant: (c) entered the said vehicle into a false theft report to the effect that “Dbuses car was parked on the street near the Suwon-gu, Suwon-gu, Seoul; (d) on November 10, 2015, around November 10, 2015, around November 15, 15:00; and (d) entered the said slope G with the same purport to the effect that the said vehicle was stolen; (c) conducted an investigation to find the said vehicle; and (d) conducted an investigation into the said vehicle by the police station in the south of the Suwon-gu, the said police station conducted the investigation into the said vehicle on January 12, 2016.
Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the handling of reports by fraudulent means.
2. Determination
A. A. A crime of interference with the performance of official duties by a deceptive scheme is established when the other party misleads the other party, perceives the other party, or uses the land so as to achieve the purpose of the act, thereby leading to a false act or disposition concerning the lawful duties of the public official delegated by the law. If the criminal act does not reach the extent that it prevents or makes it difficult to do so, it may not be punished as a crime of interference with the performance of official duties by a deceptive scheme (see Supreme Court Decision 2002Do4293, Feb. 11, 2003, etc.). In investigating the criminal case, the statement by the suspect or witness is made.