위계공무집행방해
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On September 29, 2015, around 18:30 on September 29, 2015, the Defendant calls around 119 from the Defendant’s house located in Yongsan-gu Seoul Metropolitan Government building A to the mobile phone of 104 to assault people in the vicinity of the Seoul Metropolitan Area.
“A false report was made to the effect that it interfered with the legitimate execution of duties of police officials and fire officials on the handling of reports 112 and 119, by having four police officers belonging to the Yongsan Police Station No. 22, No. 23, and three fire officers belonging to the Yongsan Fire Station No. 119 and three fire officers belonging to the Yongsan Fire Station No. 119 were dispatched to the above place.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. Relevant photographs;
1. The details of each 112 declaration and each case reported under 112;
1. Filing an investigation report (verification of details of 112 Declarations) by statutes;
1. Article 137 of the Criminal Act concerning the facts constituting the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act on the stay of execution (the following circumstances, etc. considered as the grounds for sentencing);
1. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Act on the Protection, Observation, etc. [Scope of Recommendation] The basic area (from August to January 6) of Article 62-2 (1) of the Act on the Prevention, etc. of Social Service and Article 59 of the Act on the Prevention, etc. of Public Officials’ Duties (the scope of recommendations] / The sentence has multiple criminal records of the Defendant, and the crime of this case that interferes with the performance of duties by multiple police officers and members of the 119 emergency medical service committee through false reports is not good, and the crime of this case is not likely to be committed. Before the instant case, the sentence is selected in light of the fact that the Defendant is against his mistake and has no criminal record of the same kind, including the fact that the Defendant is against his age, sex, and environment, and the execution of imprisonment is suspended only once on condition of community service work.