위계공무집행방해
A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
At around 22:00 on May 18, 2019, the Defendant: (a) sent the staff of the security team of the building B in front of the first floor of the building B in Songpa-gu Seoul, Songpa-gu, Seoul, to the effect that “It is necessary to report that there is an explosives to be installed after having a portable phone so that it was installed” on May 18, 2019; (b) caused C to make a false report 112; (c) 19 police units, such as Song-gu Seoul, Song Police Station Senior D, and 10 police vehicles, 38 fire officers, 7 fire fighting vehicles, 210, 25 military vehicles, three vehicles, etc. to search explosives for about three hours.
Accordingly, the Defendant interfered with public officials’ legitimate execution of their duties concerning the maintenance of public order, prevention of crimes, and investigation through the above deceptive scheme.
Summary of Evidence
1. Statement by the defendant in court;
1. A written statement of C and E;
1. 112 reported case handling table;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Article 137 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 44-2 of the Act on Probation, Medical Treatment Order and Custody, etc.;
1. Scope of applicable sentences under law: One to five years of imprisonment;
2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] the obstruction of performance of official duties [Type 2] deceptive scheme (special person who has been sentenced to punishment] - the mitigation element: mental health and physical disability [the scope of the recommendation area and the recommendation area] mitigation area, the range of imprisonment with prison labor for up to 4 months to 10 months [the general person who has been sentenced to suspension of execution] (the grounds for suspension of execution] - The grounds for suspension of execution of general pride: serious reflection or there is no criminal conviction or heavier
3. Determination of sentence: Four months of imprisonment and two years of suspended sentence;