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(영문) 전주지방법원 군산지원 2021.01.15 2019고단995
경범죄처벌법위반등
Text

A defendant shall be punished by imprisonment for not more than four months and by a fine not exceeding 300,000 won.

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

Reasons

Punishment of the crime

1. On July 6, 2019, the Defendant violated the Punishment of Minor Offenses Act: (a) phone called at 112 at the Defendant’s house located in the apartment B apartment B in Gyeongsan-si around 02:54 on July 6, 2019, and called the police officer in charge of receiving the report of non-disclosure;

D Dead.

The government reported that it was false as if the defendant murdered D and voluntarily surrenders him/her.

2. The Defendant, at around 03:08 around July 6, 2019, explained that “A false report shall be subject to criminal punishment under the Punishment of Minor Offenses Act” at the place indicated in paragraph (1) around 03:08, F of the circumstances belonging to the E District of the Hasan Police Station, which was dispatched after receiving the Defendant’s false report, was “A false report shall be subject to criminal punishment under the Punishment of Minor Offenses Act.”

“At the time of the first instance of F’s bath, and at the time of the second instance of F’s hand.

As a result, the defendant interfered with the legitimate execution of duties concerning the handling of report by F, who is a police officer.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement to include F in the police interrogation protocol of the suspect interrogation protocol, each statement made by the police in G, each statement made in each police protocol made in the police protocol made in G (on-site conditions, the statement made in falsity, etc.) and the statement made in the investigation report (to hear the statement made by the victimized police officer on the phone) 11

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act (Interference with the performance of official duties, choice of imprisonment), and Article 3 (3) 2 of the Punishment of Minor Offenses Act (the point of false reporting, the selection of fines) concerning the crime;

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 3 of the same Act concerning the aggravation of concurrent crimes;

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (Crime of Interference with Execution of Public Duties)

1. Scope of punishment by law: Imprisonment with labor for one month to five years;

2. The scope of the recommended punishment according to the sentencing guidelines [the type of determination] the scope of the recommended punishment [the category] interference with the performance of official duties [the category 1] interference with the performance of official duties / coercion [the special sentencing factors] - mitigated factors: minor cases where the degree of assault, intimidation, and deceptive scheme is minor.

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