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(영문) 대구지방법원 김천지원 2016.02.18 2015고단1371

위계공무집행방해

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 20, 2015, the Defendant filed a false report with the Defendant’s office located at the Si/Gu-si B and 102 around February 15, 2015, that “A female c takes a desire before the Si/Gu-Si, Si, 72-6, and dispatching elementary school” at the office of the Defendant’s office to report the crimes against the Defendant’s cell phone, which was located in the Gu-Si, 112 Police Agency 112, and that “A female c takes a desire before the Si/Gu-Si, Si, Gu-U.S., Si, and Gu-U.S., police officers called the above elementary school to conduct an search and investigation, as indicated in the list of crimes in attached Table 28 times from that time until October 23, 2015.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a report on investigation (related to attachment to the table for 112 Report Processing);

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

1. Aggravation of concurrent crimes: the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (Aggravation of punishment stipulated for the crimes due to the last report of the largest penalty);

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) does not relax liability, taking into account the frequency of crimes, period of crimes, degree of waste of police force resulting therefrom, etc.); however, the following factors are considered: (a) the borrower committed a crime with money relation or with an external and prudent mind; (b) the confession of the crime in a net manner; (c) there was no record of punishment except a fine not exceeding 20,000 won for the crime of this species