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(영문) 제주지방법원 2016.02.01 2015고단1549

위계공무집행방해

Text

A defendant shall be punished by imprisonment for not less than eight 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 September 14, 2015, at around 10:09, the Defendant called the Jeju Local Police Agency 112 Report Center using a mobile phone in the vicinity of 1:10 on September 14, 2015, and throw away the “C police box by killing and spreading it.”

“A false declaration was made.”

Accordingly, four police officers, such as D, belonging to the Jeju Dong Police Station C District Police Agency, who was ordered by the 112 Report Center of the Jeju Regional Police Agency, were searched for one hour and 35 minutes from the above day to the Jeju Provincial Police Agency.

Accordingly, the defendant interfered with the maintenance of the order of police officers such as D and legitimate execution of duties concerning criminal investigation by fraudulent means.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to the 112 Report Processing List and the 112 Report Processing Statement;

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 on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of the recommended sentences according to the sentencing criteria;

(a) Determination of types: Two types of interference with the execution of public services (Interference with the execution of public services by deceptive means);

B. There is no special sentencing factor:

(c) Decision on the territory of recommendations and the scope of recommended sentences: Basic area, imprisonment of eight months to one year and six months; and

2. Determination of sentence: The sentence shall be chosen, taking into account all the following circumstances, to suspend the execution of sentence on condition of the community service order, and the sentence shall be determined as ordered within the scope of recommended sentence according to sentencing guidelines:

The circumstances disadvantageous to the defendant: The degree of interference with public duties by many police officers on the part of the defendant's false report is not weak, and the quality of the crime is not good. However, although the defendant did not include the facts in the facts in this case, he seems to have obstructed police duties by sending the 112 report over several months before and after the crime in this case without any special details: The defendant is sentenced to imprisonment without prison labor for a traffic crime in 198.