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(영문) 서울남부지방법원 2016.05.13 2016고단656
공무집행방해등
Text

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

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

Reasons

Punishment of the crime

1. The Defendant violated the Punishment of Minor Offenses Act, which was obtained from the Defendant’s residence in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, and the fourth floor on February 9, 2016, shall be considered as a mobile phone from the Defendant’s residence.

A false report was made to a public official on a crime not reported by 112 stating that he/she was "in hole to his/her body."

2. On February 9, 2016, at around 01:05, the Defendant, at the place specified in paragraph (1) at around 01:05, expressed D, a police officer belonging to the Seoul Yeongdeungpo Military Police Station C District District, who was dispatched after receiving the same report as described in paragraph (1), and D, who was asked by E about the details of the report, and obstructed D’s legitimate execution of the duty of handling reports and arresting flagrant offenders by drinking alcohol. They expressed that “h. h. n. h. n. n. h. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. A written statement of F and G;

1. A detailed statement of the processing of reported cases;

1. Application of the Acts and subordinate statutes on photographic data;

1. Relevant provisions of the Act on the Punishment of Minor Offenses, Article 3 (3) 2 of the Punishment of Minor Offenses Act (a false report) concerning the crime, Article 136 (1) of the Criminal Act (a point of obstructing the performance of official duties), and the choice of fines, respectively;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act, the Defendant reported 112 false facts in the course of disputing the misunderstanding with his father, and assaulted police officers dispatched, thereby obstructing the performance of their official duties.

The act of assaulting a police officer performing official duties, such as the crime of this case, and obstructing the performance of official duties, is not against the nature of the crime, and the defendant removed the Eul's arms by asking the police officer to the extent of considerable injury.

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