beta
(영문) 제주지방법원 2015.11.11.선고 2015고단1346 판결

위계공무집행방해

Cases

2015 Highest 1346 Performance of Official Duties by Fraudulent Means

Defendant

○○ (1984years) (1984), Company Board

Prosecutor

Park Jong-chul (Public prosecution) and Park Jong-hee (public trial)

Defense Counsel

Attorney Jeon Chang-chul, Scarmo

Imposition of Judgment

November 11, 2015

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Criminal History / Criminal Justice

On December 20, 2013, the Defendant was sentenced to six months of imprisonment with prison labor for larceny, etc. in Youngcheon District Court Youngcheon District Court Young-gu, and on April 15, 2014, the Defendant completed the execution of the sentence in a female prison.

Criminal facts

On September 19, 2015, at around 01:43, the Defendant reported the 1112 person under influence on the roadside in the vicinity of the Defendant’s residence in Jeju, but the police officer thought that the Defendant was making a late mobilization, making a false report to the police officer on the 112-day mobile phone called “I am dead, I am dead.” On the same day, at around 01:44 on the same day, the Defendant again reported that “I am dead, I am dead, I am dead, I am dead.” On the same day, at around 01:46 again reported that “I am dead, I am dead, I am dead, I am dead.” The Defendant interfered with the Defendant’s legitimate execution of duties as a criminal investigation and suppression of police officers.

Summary of Evidence

Omission

Application of Statutes

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

1. Aggravation of repeated crimes: It is decided as per Disposition for the reasons under Article 35 of the Criminal Act;

The grounds for sentencing (within the scope of the sentencing guidelines) the area of reduction of the obstruction of performance of official duties by fraudulent means: Where the degree of fraudulent means is minor:

Unfavorable Conditions: Cumulative Offense

Judges

Degree of judge