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(영문) 서울서부지방법원 2015.07.08 2015고단1162
위계공무집행방해
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On May 1, 2015, at around 06:08, the Defendant reported to the Seoul Mapo-gu Seoul Mapo-ro 30-6, a five-lane to the 6-6 e-mail-ro, Mapo-gu, Mapo-gu, Seoul, on a false basis, the Defendant sent two patrol vehicles belonging to the Seoul Mapo-gu Police Station B district unit to the site on the spot, with a call at the 112 center of the report of the crime of the Seoul Metropolitan Police Agency on a public telephone located there.

Accordingly, the defendant interfered with police officers' legitimate execution of duties concerning police officers' patrol and crime prevention through fraudulent means.

2. On May 1, 2015, the Defendant, at around 06:27, sent two patrols belonging to the said B district to the site by putting a false report stating that “A person under the influence of alcohol at the entrance of five major stations was sick at the entrance of five entrances” at the 112 center via a public telephone at the same place as the foregoing paragraph (1).

Accordingly, the defendant interfered with police officers' legitimate execution of duties concerning police officers' patrol and crime prevention through fraudulent means.

3. On May 1, 2015, the Defendant, at a “D” restaurant located in Mapo-gu Seoul Metropolitan Government, sent a call to 112 center at a general telephone installed therein, thereby making a false report to the “D” restaurant and having the police officer called up two patrol vehicles belonging to the said B zone on the spot.”

Accordingly, the defendant interfered with police officers' legitimate execution of duties concerning police officers' patrol and crime prevention through fraudulent means.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. 112 Application of Acts and subordinate statutes concerning reported details;

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

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reasoning for sentencing under Article 334(1) of the Criminal Procedure Act for the provisional payment order is the crime of this case, which is ex officio.

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