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(영문) 서울서부지방법원 2014.10.29 2014고단1688

위계공무집행방해

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On July 25, 2014, the Defendant was sentenced to two years of suspension of execution as to the crime of interference with business and violence at the Seoul Central District Court on June 25, 2014, and the judgment became final and conclusive on August 2, 2014. On September 25, 2014, the Seoul Central District Court sentenced one year and six months of imprisonment as to the crime of injury, damage to public goods, and obstruction of performance of official duties, and the judgment became final and conclusive on September 29, 2014.

On May 3, 2014, at around 14:55, the Defendant called the Defendant’s mobile phone (C) at Yongsan-gu Seoul Metropolitan Government, to the 112 center in Yongsan-gu Seoul Special Metropolitan City, believed it as an urgent crime report, and received the Defendant’s report telephone without any specific crime report, and opened a long call from March 31, 2014 to March 31, 2014, by making the Defendant’s phone without reporting a crime over 156 times as shown in the annexed list of crimes.

As a result, the defendant interfered with the legitimate execution of duties of police officers with respect to the receipt of reports on crimes 112.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. A report on investigation and a detailed statement;

1. Previous convictions in judgment: Investigation report (Confirmation of final judgment) and application of the Acts and subordinate statutes attached thereto;

1. Relevant Articles of the Criminal Act and Article 137 of the Criminal Act concerning the crimes;

1. The reason for sentencing under the latter part of Article 37 of the Criminal Act and Article 39(1) of the Act on the Handling of Concurrent Crimes is that the crime of this case was committed by false reports to the 112 Reporting Center, causing the waste of public power and the damage that the people in need of practical assistance could not obtain timely assistance, and the nature of the crime is not good, and the defendant has the history of punishment for damage to public goods, obstruction of performance of official duties, etc., it is inevitable

However, all kinds of sentencing, such as equity in the case of judgment simultaneously with a crime for which judgment has become final and conclusive, age, character and conduct, environment, motive and method of the crime in this case, circumstances after the crime, etc.