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(영문) 의정부지방법원 2017.07.19 2017고단1779

위계공무집행방해등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. 위계 공무집행 방해 피고인은 2017. 3. 30. 23:24 경 포 천시 C에 있는 피고인의 주택에서 119에 전화하여 “ 총알을 쏴 버릴려고 만들었다.

On the spot, three fire officers, such as E, who are fire officers belonging to the Korea fire headquarters D Safety Center of Gyeonggi-do that received a report by making a false report, and four police officers requested to cooperate from a fire station, were dispatched to the scene.

In this respect, the Defendant interfered with the legitimate performance of duties, such as rescue of fire officers in emergency situations for about 30 minutes.

2. The Defendant, upon receiving a report as stipulated in paragraph 1 at the time and place specified in paragraph 1, abandoned the Defendant to the victim Felman belonging to the D District Police Station of the Gyeonggi-do Police Station, the Defendant: (a) died of the Defendant.

I would like to live only.

C. The victim openly insultingd the victim by openly talking with a large sound called C. police . S. S. S. S. S. S.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Complaint;

1. 112 Reporting case handling table;

1. Application of Acts and subordinate statutes to each statement;

1. Articles 137 and 311 of the Criminal Act applicable to the facts constituting an offense;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reasons for sentencing in Article 62-2 of the Criminal Act on the observation of protection and observation have been subject to criminal punishment several times due to violent acts so far. In particular, during the past several years, the Defendant has reported or received a false report to the police station similar to the instant crime, and has repeated the Defendant’s abusiveing to the police officer dispatched after having reported or received a false report.

The defendant does not want to live in person and committed such an act.

However, the defendant's act should be subject to social punishment, and the defendant's act should be punished more strictly in order to prevent recurrence.