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(영문) 제주지방법원 2014.10.16 2014고단553

위계공무집행방해등

Text

A defendant shall be punished by imprisonment for six 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

[2014 Highest 553] Around 15:55 on April 18, 2014, the Defendant made a false report to the effect that “a person is killed, dead, or dead, dead his or her wife,” by walking the phone in 112 using a public telephone (C) located in the 1485-dong-Dong-dong-dong-dong-dong-dong-dong-dong-si, and that “a person is dead, dead, and his or her wife.” On the same day, around 16:06, the Defendant sent the phone in 112 using a public telephone (D) located in the 152-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-based report to the effect that “a person later surrenders

From 20:10 to 20:10 on the same day on which the Defendant’s location was discovered by the aforementioned false report, the police officers of the Jeju East Police Station, a police station having jurisdiction over the location of each public telephone, continued to search the Defendant’s residence and the areas surrounding each public telephone, thereby hindering the Jeju Police Agency’s legitimate performance of duties concerning the suppression of crime and investigation of 80 police officers, including E, including E,

[2014 Highest 742] On April 13, 2014, the Defendant stolen 40,000 won in cash owned by the victim in the H restaurant operated by the victim G located in the State F at Jeju, with the cash of 40,000 won.

Summary of Evidence

[2014 Highest 553]

1. Statement by the defendant in court;

1. A report on investigation (attached details of 112 declarations), arrest of 112 false reporters, a detailed statement of handling cases of 112 declarations, and a detailed statement of handling cases of 112 declarations;

1. Statement by the defendant in court;

1. Legal statement of witness G;

1. Application of the G’s written Acts and subordinate statutes;

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime: Article 137 of the Criminal Act and Article 329 of the Criminal Act (the point of obstructing the Performance of Official Duties by Fraudulent Means). Selection of imprisonment with prison labor

1. Aggravation of concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act (The following factors shall be taken into account the conditions of sentencing under Article 51 of the Criminal Act);

1. Order of community service: Sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc.