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(영문) 창원지방법원 2016.07.07 2016고단1092

위계공무집행방해

Text

A defendant shall be punished by imprisonment for not less than eight 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

On December 28, 2015, around 15:21, the Defendant called 112 on the street in front of the window of the Changwon-si, Changwon-si, the Changwon-si, by using a mobile phone, and got off the cash in which 2 male males tried to deposit the knife at approximately 1:30 minutes before the Changwon-si, the Changwon-si, the Changwon-si, the knife, and knife the knife.

One person who has sustained two lux clothes, write a Mack on his mother, and one person who has written a Habba.

The report was made too late with no spirit.

A false report was made to the Do governor that he would return money to the Do governor.

Accordingly, a total of 32 police officers, including 18 police officers belonging to the Changwon Police Station type and 18 police officers belonging to the new police station, 12 police officers belonging to the new police station, and 2 scientific investigation officers belonging to the Gyeongnam Local Police Agency, were dispatched to the site for about 3 hours, and were engaged in investigation activities to arrest criminals from the robbery.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the maintenance of public order and the prevention and investigation of crimes through fraudulent means.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against the defendant, B, or C;

1. Application of the Acts and subordinate statutes for reporting internal investigation;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act [the scope of recommendations] The reason for sentencing under Article 62-2(1) of the same Act is that there is no person [the person subject to special sentencing] in the basic area (8 months to 1 year and 6 months) [the decision of sentencing] [the decision of sentencing] [the defendant makes a false report to allow 30 police officers to visit the unnecessary site and arrest criminals, and make a false statement while continuing to make a false statement until he/she proves that the next day is a false report, thereby causing the waste of long-time police force: Provided, That this does not mean that there is no power to interfere with the performance of official duties, and that the defendant does not repeat the crime by being divided into a false statement.