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(영문) 춘천지방법원 2016.11.09 2016고정236
위계공무집행방해
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who has no fixed occupation.

1. On June 4, 2015, the Defendant committed the crime on June 14, 2015, at around 17:39, 17:39, on June 14, 2015, reported to the Gangwon Provincial Police Agency C, that “A fine has been unpaid,” and sent to the scene by the police officer of the Chuncheon Police Station Emba, F, etc., under the order of the said D, even though the Defendant was unable to pay a fine.

Accordingly, the defendant interfered with the legitimate execution of duties of police officer F patrol by fraudulent means.

2. On November 2, 2015, the Defendant reported the fact that there was no discovery of the death of a person in Chuncheon City G on November 2, 2015, by phone call to the Gangwon Provincial Police Agency C, that “A phone call was made without a telephone to make a report on the same person as he/she has been dead,” and sent to the site the police officer, etc. working in the H District of the Chuncheon Police Station under the order of the said D, under the order of the said D.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers I, etc. by fraudulent means.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the police interrogation of the accused;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

1. Article 137 of the Criminal Act applicable to the crime, the choice of punishment, and the choice of fines;

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. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defense counsel of the defendant asserts that the crime of this case does not reach the extent that the crime of this case prevents or makes it difficult to do so, and that it does not constitute the crime of obstruction of performance of official duties by fraudulent means. However, since the police officer actually called to the scene by a false report of the defendant, the police officer was dispatched to the scene promptly.

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