위계공무집행방해
A defendant shall be punished by imprisonment for not less than five months.
Of the facts charged in this case, from around 11:02 on September 9, 2017 to around 11:36 on the same day.
Punishment of the crime
The Defendant, from September 14:27, 201 to September 14:52 of the same day, died of his/her person using his/her mobile phone over three occasions, such as the list of crimes in attached Form 1 (1), from around September 14:27 to around the same day.
On the same day, around 14:54 on the same day, the Seoul Gangseo-gu Seoul Police Station D police station's position E and police officer F were called out.
Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention, investigation, maintenance of order, etc. of the above police officers by fraudulent means.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;
1. Article 137 of the Criminal Act applicable to the facts constituting a crime (including each police officer dispatched);
1. Articles 40 and 50 of the Criminal Act of Commercial Concurrent Crimes (joint crimes against police officers in mobilization);
1. Determination of the defense counsel’s assertion of a sentence of selective imprisonment
1. Defense counsel's assertion;
A. The Defendant, upon filing a report, anticipated that he could have a female-child organ with the police officer, and did not have a criminal intent to interfere with the performance of official duties.
B. The Defendant’s act does not constitute a deceptive scheme, and the Defendant does not interfere with a specific and realistic performance of official duties.
2. According to the evidence duly adopted and examined by this court’s determination on the claim of Paragraph A 1-A, the Defendant reported 112 to the effect that the Defendant was punished at midnight on the day of the crime, or that the snick snick snick snick snick snick snick snick snick snick snick snick snick snick snick snick snick snick snick snick snick sl
Since the obstruction of the performance of official duties by fraudulent means is not an intended crime, in light of this fact, even if it is reported with the same purpose as the defense counsel for domestic affairs, the defendant makes a false report to the police officer.