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(영문) 수원지방법원 2015.09.09 2015노451
위계공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (based on factual errors and misapprehension of the legal principles) a dementia mother called suicide as a doping system to ascertain the whereabouts of a dementia mother, and the police officer’s fault, who was not informed of the whereabouts of the mother from the beginning, is greater.

2. According to the Defendant’s partial statement in the lower court’s court, the interrogation protocol of the Defendant, the prosecutor’s protocol of the Defendant, the prosecutor’s protocol of the Defendant, each service log, each service log, and each 112 report handling table, etc., the Defendant may recognize the fact that he interfered with the public official’s performance of duties by fraudulent means by making a false report, such as “to kill” and “fire-free day”, from June 22, 2014 to 15:58 on June 22, 2014.

Even if the Defendant claimed that the 112 Dementia mother’s suicide was called on behalf of 112 for the purpose of identifying the whereabouts of her dementia mother, it is clear that the filing of a suicide report, etc., without filing a regular disappearance report, etc., is a false report, and such a false report cannot be taken place.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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