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(영문) 부산지방법원 2016.05.19 2016고단1159

위계공무집행방해

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for one year and six months from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 9, 2016, the Defendant rejected the Defendant’s refusal on the ground that: (a) around the new wall on January 9, 2016, the Defendant asked D, an owner of the business, to drink together with alcohol at a singing room in Busan Dong-gu B, Busan; (b) but (c) the time was delayed from the owner of the business.

At the same day, the Defendant reported the false content to the same day, “The Defendant was sing in front of the road crossing,” and called to 112 using a portable phone (E) in which the Defendant did not have opened and escaped from a singing in the said singing room, as well as the Defendant was in possession of the Defendant, and called to 112 at the said singing room. There is more than one string, and the door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door. It is the same day.” At that time, the Defendant reported the false content to the effect that the Defendant sent two police officers belonging to the Busan East Police Station of the Busan East Police Station to the said sing room and searched the proposal.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the prevention, suppression and investigation of police officers by fraudulent means.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to G or D;

1. To apply investigation reports (a suspect's 112 reporting details), one recording of the contents of video recording recording recording of reference witnesses D, one recording of the contents of recording conversations, one recording of the contents of conversations, and Acts and subordinate statutes of investigation reporting (G telephone listening);

1. Relevant Article 137 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] There is no basic area (from August to January 6) [the person subject to special sentencing] [the decision of sentencing] [the contents and nature of the crime in this case, the attitude of the defendant after the crime, the defendant's attitude after the crime, the fact that there is no criminal conviction exceeding the same kind and fine, reflects the fact that there is no criminal conviction against the defendant, and other matters, such as the defendant's age, sex, environment, etc., shall be determined as per the order.