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(영문) 부산지방법원 2016.07.14 2016고단297

위계공무집행방해

Text

A defendant shall be punished by imprisonment for one year.

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 January 10, 2016, around 00:25, the Defendant installed a gas bomb in the front of the Busan High-ro 111-gil, Busan High-gu Police Station located in 6, Busan High-ro, Busan High-ro.

After investigation, 112 reports were made by 112, the Busan Coast Guard C District Police Station and 6 police officers including D for the reduction of the affiliation of the Busan Coast Guard C District are allowed to occupy the entire restaurant of the B building and perform explosives search work.

As a result, the defendant interfered with the execution of duties of six police officers on the prevention, suppression, investigation, etc. of crimes by deceptive means.

Summary of Evidence

1. Statement by the defendant in court;

1. 112 A list of reported cases;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

1. Article 62(1) of the Criminal Act (see e.g., Reasons for sentencing)

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommendations] The reason for sentencing under Article 62-2 of the Social Service Order Act / [the scope of punishment / [the scope of recommendations] the two types of interference with the performance of official duties, and the special aggravation area (one to four years and six months) / [the special aggravation] / (1) where there are many public officials suffering damage, and the degree of interference with official duties is heavy (the decision of sentence] / The crime of this case installed explosives at the place

A false report causes social inconvenience and waste of public authority, and the nature of the crime is not good, and the case is not easy.

However, the defendant shows an attitude against the defendant to recognize the crime of this case, since the crime of this case committed during the new wall time, all of the duties performed at the above location was suspended, and all of the users were evacuated, etc., and there was no record of criminal punishment since 2011, and other various circumstances, such as the defendant's age, sex, intelligence and environment, motive, means and consequence of the crime, etc., which are the conditions for sentencing as shown in the records, shall be determined as ordered.