beta
(영문) 부산지방법원 2015.12.04 2015고단6567

위계공무집행방해등

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. In around 01:13 on July 25, 2015, the Defendant of obstruction of performance of official duties by fraudulent means filed a false report on the following three occasions: (a) the police officers sent out to the 112 comprehensive situation room, on the ground that the Defendant’s wife was not found despite the fact that the police officers did not find it; and (b) the police officers sent call to the 112 comprehensive situation room to “the breadth of intending to kill the President,” and (c) the police officers sent out and searched approximately 29 police officers, including D District Units and adjacent district belts, 112 spons.

As above, the Defendant interfered with the legitimate performance of duties by police officers by deceptive means.

2. At around 01:40 on July 25, 2015, the Defendant: (a) sought food knife (18cc in knife length) which is a dangerous object in the D District District of the Busan Haban Police Station D, Busan Haban-gu, Busan, and (b) had a sound, “Chose . . . Pose . f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f.

The Defendant carried dangerous objects as above and obstructed the police officers’ legitimate performance of their duties in relation to global service.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each statement of E, F, H and G;

1. Application of Acts and subordinate statutes to seizure records and investigation reports (written reports of 112 cases);

1. Articles 137, 144 (1), and 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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. Article 62 (1) of the Criminal Act;

1. Crimes No. 1 for sentencing of Article 48(1)1 of the Criminal Act for the reason of sentencing of Article 48(1)1 of the Confiscation Act (amended by the Presidential Decree No. 2010, Jan. 2, 201) are crimes of category 1 (amended by the Presidential Decree No. 1).