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(영문) 대전지방법원 천안지원 2013.08.23 2013고단598

위계공무집행방해

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On March 31, 2013, at the defendant's house located in Asan City C Apartment 105 dong 801, Asan City, 2013, the defendant reported to the E zone to make a false report on the ground that the police officer did not inform the defendant's wife's location, but did not inform him of the location of the defendant's wife. The defendant falsely reported to the 112 Integrated Control Center by telephone using urban gas to the mobile phone without the intention to spread the house."

The Defendant, due to the Defendant’s false report, sent approximately 26 police officers of the Asan Police Station, 14 fire officers of the Asan Fire Station, to the scene No. 105, 801, Asan City C Apartment 105, 801, and evacuated by residents around the scene, etc., and obstructed the Defendant’s initial action such as patrol of police officers and handling of 112 reported cases by deceptive means for about 15 minutes from around 23:00 on the same day, and interfere with the performance of duties concerning the reporting and withdrawal of fire officers, such as the rescue of fire officers and fire prevention.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. A statement prepared by the F;

1. Each internal investigation report, investigation report, and situation report;

1. 112. A statement for receipt of report of crime;

1. A dispatch order and a report on the current status of mobilization;

1. Application of rescue activities and fire engine operation-related Acts and subordinate statutes;

1. Article 137 of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order and order to attend a lecture under Article 62-2 of the Criminal Act are heavier than the defendant's liability in light of the method and contents of the crime in this case and the circumstances after the crime was committed.

However, in consideration of the fact that the accused has no criminal record for the same kind of punishment and has no criminal record other than the fine, the punishment shall be determined as per the disposition.