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(영문) 창원지방법원 밀양지원 2014.07.17 2014고정84
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. Around 02:00 on December 22, 2013, the Defendant: (a) was drunk in a shopping district near the C apartment complex in an pushed-si; and (b) was called for a police officer and a horse dispute; and (c) was able to make a false report to the police station.

On December 22, 2013, the Defendant reported falsely that a man under the influence of alcohol was locked by telephone in 112 even though he was not able to sleep in the vicinity of the above C apartment building, and reported that he was under the influence of alcohol by telephone in 112, and caused E during the police box of the Stakyang Police Station and a slope F to dispatch him to the scene.

Accordingly, the defendant interfered with legitimate execution of duties concerning the investigation and maintenance of order of the above E/F by fraudulent means.

2. The Defendant obstructed the performance of official duties by hearing the horses that “if a false report is made, it may be submitted to a summary trial” from the security guards of the smuggling Police Station D police box, which reported and dispatched to 112 falsely, and obstructed the legitimate performance of duties concerning the investigation of crimes and the maintenance of order in the above E, knee and knee and knbbbbbs three times, by using the hand hand with a cellular phone.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A protocol concerning the suspect examination of the accused;

1. Statement of each police statement of G and E;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 137 of the Criminal Act, the choice of punishment for the crime (the point of obstruction of performance of official duties by fraudulent means), Article 136 (1) of the Criminal Act, and the choice of each fine;

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

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

1. In full view of the evidence of conviction and sentencing of Article 334(1) of the Criminal Procedure Act, the police officers at the time of performing their duties, including E’s legal statement, at the time of the conviction and sentencing.

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