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(영문) 대전지방법원 논산지원 2020.01.21 2019고단521

위계공무집행방해

Text

As to the crime of obstruction of the performance of official duties by fraudulent means, the defendant shall be punished by a fine of two million won.

Reasons

Punishment of the crime

【Criminal Power” On July 15, 2016, the Defendant was sentenced to two years of imprisonment with prison labor for one year due to the obstruction of performance of official duties by deceptive means, etc. at the Seoul Southern District Court, and the judgment became final and conclusive on July 23, 2016. On April 11, 2017, the Daejeon District Court sentenced eight months of imprisonment with prison labor for the obstruction of performance of duties by deceptive means, etc. on April 19, 2017, and the judgment became final and conclusive on August 5, 2018, and the execution of the sentence was completed at the place of origin of the Red Prison, Seosung District Court.

【Criminal Facts of Crimes】 On May 28, 2016, around 22:45, the Defendant called the Defendant’s cell phone (B) to the Defendant’s cell phone (B) Report Center 112, and had eight police officers, such as the police officers, etc. who belong to the Chungcheongnam-nam Police Station D police box, who reported the falsity of the Defendant’s death and voluntarily surrenders to the Defendant, reported the fact that the Defendant was dead, and let him/her immediately leave the Defendant’s residence.

In addition, from that time until June 17, 2019, the Defendant filed a false report five times in total, 112 or 119 by means of the foregoing method, such as the list of crimes in the attached Table, and thereby interfered with the legitimate execution of duties by police officers and fire officers concerning the handling of 112 and 119 reported duties by deceptive means.

Summary of Evidence

1. Defendant's legal statement;

1. Investigative reports (attached Table 112 for handling reported cases);

1. Investigation report (to attach a voice recording file reported, 112);

1. Eight copies of a record;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports, application of Acts and subordinate statutes;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The exemption of punishment (as to the obstruction of performance of official duties by fraudulent means Nos. 1 and 2 of the attached list of crimes) is the previous conviction of Article 39(1) of the Criminal Act.