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(영문) 청주지방법원 2015.08.13 2015고단280

위계공무집행방해

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

On January 20, 2014, at around 23:14, the Defendant called “in the case of the death of a person,” and called “in the case of the death of a person, it would be necessary to report it falsely to the situation room of 112 general situation room with his cell phone with his own cell phone, and the police officers belonging to the Donsan Police Agency, as if they were the death of a person, sent to the Defendant’s residence, and until December 3, 2014, the Defendant reported it to the Donsan Police Agency 112 general situation room of the Chungcheong Police Agency by December 16:52, 2014, as shown in the attached list of crimes, and reported it to the Donsan Police Agency 14 times in total, and ordered police officers to take measures such as sending out.

As above, the Defendant interfered with the legitimate execution of duties of police officers with respect to the prevention, suppression and investigation of crimes by deceptive means.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on the settlement of 112 cases;

1. Relevant Articles of the Criminal Act and Article 137 of the Criminal Act concerning the crimes;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The defendant and his defense counsel asserts that at the time of committing each of the crimes of this case, the defendant was in a state of mental disorder by drinking alcohol.

Even if the Defendant had the drinking condition at the time of each of the instant crimes, in full view of all the circumstances, such as the background of the crime, details and mode of the crime, the Defendant’s act before and after the crime, etc., which can be recognized by the record, it does not appear that the Defendant was under the influence of alcohol, and did not seem to have the ability or weak ability to make a decision to discern things at the time

Therefore, the above argument is not accepted.

The reasons for sentencing - the range of recommended sentences according to the sentencing guidelines for each crime.