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(영문) 서울서부지방법원 2013.08.20 2013고정1188
위계공무집행방해등
Text

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

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

1. At around 01:20 on December 5, 2012, the Defendant: (a) reported to the victim that “C” was located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul; (b) on the ground that the victim D, leading the victim to the other customers and disregards himself/herself, he/she did not neglect it; and (c) reported the victim’s refusal to do so to the victim in 112, and reported it to the victim in 112, thereby obstructing the victim’s intake-out business by preventing approximately one hour and 130 minutes of door door-to-door business.

2. The Defendant reported at the above time and place, 112, and reported D falsely at C inn of C, stating that “A police officer F working at the Seoul Western Police Station E box, who was dispatched, knew of the false report, was able to return home of the Defendant, and subsequently filed a false report seven times more than a hour and ten minutes more than a hour, such as having a police officer called out.” The Defendant interfered with the duties of a legitimate police officer by fraudulent means.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement made to F and D;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to a detailed statement for handling 112 reported cases);

1. Relevant Article 314(1) of the Criminal Act and Article 136(1) of the Criminal Act (the choice of a fine and the obstruction of performance of official duties by deceptive means and the choice of a fine) concerning criminal facts;

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

1. It is so decided as per Disposition on the grounds of Articles 70 and 69(2) of the Criminal Act or more;

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