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(영문) 서울서부지방법원 2017.11.10 2017고단2388
경범죄처벌법위반등
Text

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

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

Reasons

Punishment of the crime

1. The Defendant in violation of the Punishment of Minor Offenses Act calls at his own house located in Eunpyeong-gu Seoul on June 18, 2017 at around 02:49, and calls at the emergency call 112 Report Center of the Seoul National Police Agency without any reason for under the influence of alcohol, and “I want to divide finites. I want to do so.”

C. A total of seven times of telephone call, such as taking a desire to “fule”.

As a result, the Defendant repeated 112 reports without good cause, thereby bullyinging a police officer in charge of reporting duties.

2. At around 03:20 on the same day as the preceding paragraph, the Defendant was assaulted by the Eunpyeong-gu Seoul, Seoul, who was called to confirm the above long-term telephone, such as: (a) hearing from the police box affiliated with the Pyeongtaek Police Station D police box to refer to the trial for a violation of the Punishment of Minor Offenses Act; (b) taking the chest of the above E to the police box; and (c) taking the f of the police box affiliated with the same police box to the patrol police station to the end-time; and (d) taking off the chest of the above E by hand; and (e) taking the same action to stop the police box; and (e) taking a threat to drinking.

Accordingly, the defendant interfered with legitimate execution of duties concerning the dispatch of police officers to the scene and the maintenance of order.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

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

1. Relevant provisions of Article 3 (1) 40 of the Punishment of Minor Offenses Act (112 of the Punishment of Minor Offenses Act) and Article 136 (1) of the Criminal Act concerning the crime (a point of obstructing the execution of official duties);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

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

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

1. The punishment shall be imposed in consideration of the initial crime for sentencing of Article 334(1) of the Criminal Procedure Act, and the fact that the victimized police officer does not want the punishment of the defendant, etc.

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