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(영문) 대전지방법원 2015.11.11 2015고단2790

위계공무집행방해

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

On March 25, 2009, the Defendant sentenced the Daejeon District Court to three years and six months of imprisonment for violating the Act on the Punishment of Sexual Crimes and the Protection of Victims, etc., and completed the execution of the sentence on July 15, 2012.

On July 13, 2015, at around 21:43, the Defendant made a false report to the 112 reporting center using mobile phones (D) and to the 1112 reporting center on the following facts: (a) on July 13, 2015, the Defendant sent a false report to the 112 reporting center; and (b) on the part of the police officers belonging to the Daejeon District Police Station, including the victim F, the victim F, the victim G, etc., who was a police officer belonging to the E district group in receipt of the said 112 report; and (c) the fire officers belonging to the Daejeon District Police Station and the 119 fire officers belonging to the Daejeon Southern District Fire Station.

Accordingly, the defendant interfered with legitimate execution of duties concerning the handling of the case by fraudulent means.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to each investigation report, field photographs, detailed statement of handling 112 reported cases, and details of 119 reported cases;

1. Article 137 of the Criminal Act applicable to the crime, the choice of punishment, and the choice of fines;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of Article 334(1) of the provisional payment order is that the nature of the crime in this case is not less than that of the crime in light of the content, form, and degree of interference with official business, and even if the defendant was indicted for the same crime during the period of repeated offense, the defendant committed the crime in this case against the defendant.

On the other hand, it is favorable to the defendant that the defendant recognized the crime of this case and reflected, that the defendant suffers from disease such as mental and behavioral disorder caused by alcohol use, and that the defendant would not commit the crime again after receiving continuous hospitalized treatment, etc. for the above disease after the crime of this case.

Here, the background and motive of the instant crime.