beta
(영문) 서울북부지방법원 2018.11.01 2018고단3434

위계공무집행방해

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On July 10, 2018, the Defendant reported at around 03:38, the Defendant reported 112, that “gas fighting, killing, and discarded” at the Defendant’s house located in Gangnam-gu Seoul Metropolitan Government B.

However, in fact, the Defendant merely reported as above on the ground that there is a need for a person to communicate under the influence of alcohol, but did not actually have any intention to kill gas.

The Defendant reported the aforementioned false report and sent three patrol vehicles, one criminal police vehicles, and nine police officers, such as D police officers belonging to the Seoul Gangnam Police Station C District Police Station, and 14 fire officers, and 56 fire officers.

Accordingly, the defendant interfered with the legitimate execution of police officers and fire officers by fraudulent means.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the police against D;

1. Each photograph;

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

1. Article 137 of the Criminal Act concerning the facts constituting an offense;

1. Article 40 of the Criminal Act of the Commercial Competition;

1. The defendant's reason for sentencing selective imprisonment with prison labor is the time for the instant crime.

An old age is an age.

However, the defendant had a number of police officers and fire officers called up by making a false report on the fact that the defendant saw fire to the house and discarded the death.

As a result, human and material waste and its loss are not significant, but they would have suffered significant damage if a fire accident occurred in other places at the time.

The Defendant previously reported 162 recommendations 112 to the same content.

The liability of the defendant shall not be reduced solely on the ground that the defendant was under the influence of alcohol or was unable to do so.

The Defendant committed the instant crime during the period of suspension of execution, even though he/she was punished for a serious punishment of the suspension of execution against the assaulting another person while under the influence of alcohol.

There is a power to be punished for interference with the execution of official duties.

Such circumstances and the defendant's identity.