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(영문) 광주지방법원 목포지원 2018.06.01 2018고단291

위계공무집행방해등

Text

A defendant shall be punished by imprisonment for six months and by a fine of thirty million won.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

1. On December 27, 2017, the Defendant: (a) reported to the Center of 112 reported by a police officer in charge of name in a false manner, who was not at the time when a woman was committed; and (b) reported by a police officer in charge of name in the Center of 112 on a false basis, including having the police officer E and F dispatched to the Police Station D police station to which he/she belongs, and the police officer in charge of name in a false manner from around that time to February 8, 2018, and made a false report by the same method five times in total, as shown in the daily list of crimes listed in attached Table 1, to have the police officers called out.

As a result, the defendant interfered with legitimate execution of duties concerning the protection of police officers' lives, bodies, and property.

2. On December 22, 2017, the Defendant in violation of the Punishment of Minor Offenses Act: (a) called “G (Defendant’s father)” by calls to the Center reported at the 112 Report Center under the influence of alcohol at a non-fluence place; and (b) called “G (Defendant’s father)”

The police officer in charge of reporting 112, including interference with the receipt of 112 reports by the police officer in charge of personal affairs, obstructed the receipt of 112 reports by the police officer in charge of reporting 112, on a total of 84 occasions from around that time to February 7, 2018, such as by telephone call at the 112 Reporting Center, or by drinking and snowing.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A statement of 112 Report process and a statement of 112 Report process;

1. Application of Acts and subordinate statutes to report internal investigation (the analysis of data related to false reports);

1. Relevant provisions of the Criminal Act and Article 137 of the Criminal Act (Interference with the execution of official duties by deceptive means, choice of imprisonment), and Article 3 (2) 3 of the Punishment of Minor Offenses Act (the point of interference with duties and the selection of fines) of the Criminal Act concerning the crime;

1. Article 37 (former part), Article 38 (1) 2 and 3, and Article 50 of the Criminal Act to increase concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reasons for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are the time when the defendant commits the crime, but the defendant repeatedly commits the crime. < Amended by Act No. 1143, Dec. 12>