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(영문) 수원지방법원 2016.07.14 2016고단1412

위계공무집행방해

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

At around 00:37 on January 29, 2015, the Defendant reported 112 times over 28 times in the same manner as on the same day to the assistant DNA working in the 112 comprehensive situation room of the Gyeonggi-do National Police Agency, although he/she did not think that the Defendant would commit a suicide at the office of the Defendant 203, located in Suwon-si, Suwon-si, Suwon-si, Suwon-si, and called the police officer E, etc. belonging to the police station of the competent police station.

In addition, on December 1, 2014, from around 00:00 to December 20:19, 2015, the Defendant interfered with the receipt of 112 reports and legitimate execution of duties by police officers with regard to the on-site dispatch of police officers by means of a deceptive scheme, such as making 112 reports over a total of 300 times, as shown in attached Table 112 reports in the same manner.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, G, and H;

1. A written statement prepared by I and J;

1. A detailed statement of the processing of reported cases;

1. Application of Acts and subordinate statutes to report on investigation (the details of reports filed by suspects, statements made by police officers in mobilization, etc.);

1. Relevant provisions of the Criminal Act, the choice of punishment for the crime, Article 137 of the Criminal Act (a point of obstructing the performance of official duties by deceptive means), and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The reason for sentencing in Article 62-2 of the Criminal Act on the observation of protection and observation prevents police officers from performing their official duties by means of filing a false report at least 300 times a year, and the nature of the crime is hot.

However, considering the fact that the defendant's mistake is recognized, is against the defendant, and that the defendant does not repeat the crime in the future, such as receiving a mental therapy, it is necessary to comprehensively consider the defendant's age, sex, family relationship, health status, etc., and all of the sentencing conditions shown in the changed theory and sentence as ordered.