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(영문) 의정부지방법원 2015.10.15 2015고정679
위계공무집행방해
Text

1. Defendant shall be punished by a fine of 2,000,000 won;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On September 4, 2014, the Defendant: (a) around 23:46, Namyang-si, Chungcheongnam-si, Gyeongyang-si, Gyeongyang-si, 1306, 1306-ro, 9 large apartment, was only under the influence of alcohol, and (b) reported falsely to the reporting center that “any person is dead” by calling at the reporting center 112 and 119, thereby obstructing the police officer and the fire officer, and two other fire officers, including Domen, belonging to the police box of the Namyangan Police Station C commander of the Namyangan Police Station, to dispatch to the said site by deceptive means, thereby obstructing the legitimate performance of duties by the police officer and the fire officer concerning the protection of the people’s lives.

2. At around 17:40 on September 5, 2014, the Defendant reported the facts on the road of F apartment 8 Dong 101, Namyang-si, Namyang-si, on the road of 112-dong 101, by phoneing to the 112-report center and making a false report to the 112-report center that “any person was killed...........................” The Defendant had the police officer other than G and one police officer assigned to the police box of the Namyang-gu Police Station assigned to the said site

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. The police statement of H;

1. Investigation report (Hearing statements of witnesses, B telephone communications);

1. Application of statutes to emergency medical services areas;

1. Relevant Articles of the Criminal Act concerning the crimes. Article 137 (Selection of Fine)

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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