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(영문) 서울북부지방법원 2017.04.26 2017고단780

공무집행방해등

Text

A defendant shall be punished by imprisonment for not more than four months and a fine not exceeding 500,000 won.

However, the above imprisonment for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendants in violation of the Punishment of Minor Offenses Act: (a) around 10:06 on February 28, 2017, the fact that they were in possession of around 35, 29-gil, Jung-ro, Jung-gu, Seoul, Jung-ro, 29-gil, even though there was no person who fright to drink in a park.

Hand phone calls to the situation room 112 of the Seoul Local Police Agency, and files a false report on a crime that does not "boom a drinking fright in the park".

2. The Defendant interfered with the performance of official duties at the time and place described in paragraph 1 above, and without any justifiable reason, against the slope C belonging to the Jungran Police Station B District, called out after receiving such a report;

The 112 Report Handling by Police Officers had interfered with the legitimate duties of police officers on the handling of the 112 Report Report Report Case. The 112 Report Handling by Police Officers, who seem to be able to see C's clothes once due to left hand-out and her hand-out by hand-out.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Written statements of D;

1. 112 A list of reported cases;

1. Application of Acts and subordinate statutes on report on internal accidents;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act (Interference with the performance of official duties, choice of imprisonment), and Article 3 (3) 2 of the Punishment of Minor Offenses Act (the point of false reporting, the selection of fines) concerning the crime;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 3 and 50 of the same Act, which increases concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for a period from one month to five years, a fine of 50,000 to 600,000 won;

2. The scope of the recommended punishment according to the sentencing criteria (the scope of the recommended punishment for a crime of obstructing the performance of public duties) [the scope of the recommended punishment] and the basic area (the interference with the performance of public duties and the coercion of duties] (the period from June to June) of the basic area (the period from June to June).

3. The offense is bad in quality, such as repeating a false report on a sentence, and assaulting the police dispatched;