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(영문) 수원지방법원 평택지원 2020.02.20 2019고단1679
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months and by a fine of 600,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. No person shall make a false report on any crime or disaster that is not in violation of the Punishment of Minor Offenses Act to a public official;

On September 17, 2019, around 14:13, the Defendant reported the fact that he was in contact with husband D in Pyeongtaek-si Btel C, and reported it falsely to 112 and sent police officers belonging to Pyeongtaek-si Police Station E box.

2. The Defendant: (a) obstructed the performance of official duties at the time and place specified in Paragraph (1) of the same Article; (b) obstructed the horses that occur in the lower place where the Defendant was arrested as a flagrant offender by failing to answer the reason for making a false 112 report despite being asked the captain F of the police box affiliated with the police box of the Pyeongtaek-gu Police Station Epic that was called upon 112 report; and (c) assaulted the F at one time to walk the left side buckbucks.

Accordingly, the defendant interfered with the legitimate performance of duties by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to photographs, such as notification lists to departments related to the 112 Incident Report, photographs of damaged parts, and polyphones;

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

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 62 (1) of the Criminal Act;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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