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(영문) 서울북부지방법원 2019.02.14 2018고단4117

위계공무집행방해

Text

The punishment of the accused shall be set forth in six months.

Reasons

Punishment of the crime

On August 21, 2018, at least 13:42, the Defendant reported the same fact to the general situation room of the Seoul Central Police Agency 112 in total five times from around the same day to around 14:44 on August 21, 2018, including the fact that the fact in the vicinity of the Masan-ro 62-ro, Yongsan-gu, Seoul Central Police Agency was damaged by water on a medicinalter. However, the Defendant reported the fact to the general situation room of 12, including the fact that “B is going to commit suicide.” The Defendant reported the fact to the general situation room of the Seoul Central Police Agency 112, and the Defendant ordered the person in charge of the 112 general situation situation situation room of the Seoul Central Police Agency to dispatch the police officers, such as Do, E slope, E slope, slopeF, and G, who belong to the Seoul Central Police Agency to sell it.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to crime prevention, suppression, investigation, and handling of 112 reported cases through fraudulent means.

Summary of Evidence

1. Defendant's legal statement;

1. Table of 112 reported case handling; and

1. Application of Acts and subordinate statutes to photograph the suspect;

1. Article 137 of the Criminal Act concerning the facts constituting the crime;

1. Article 40 of the Criminal Act of the Commercial Concurrent Crimes;

1. A crime that leads a large number of police officers to dispatch by making false reports on the grounds of sentencing of selective sentence of imprisonment with prison labor on several occasions is not easy to commit the crime;

Moreover, the Defendant was already subject to criminal punishment of fines for the same crime in 2015, and on June 23, 2017, the Seoul Northern District Court sentenced two years of suspension of execution to imprisonment with prison labor for obstruction of performance of official duties, etc. on July 1, 2017, which became final and conclusive on July 1, 2017, and is highly likely to be subject to further criticism during the period of suspension of execution.

On the other hand, it seems that the defendant recognized the crime of this case and opposed to it.

In addition, the sentencing conditions as shown in the records and arguments, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, are integrated.