Text
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
【The Defendant was sentenced to eight months of imprisonment for fraud, etc. at the Daejeon District Court on March 17, 2016, and completed the execution of the sentence at the Chungcheong detention house on August 31, 2016.
【Criminal facts in the Dong-gu Daejeon Special Metropolitan City on December 23, 2016, the Defendant reported falsely to the Center for 112 Report of the Daejeon Local Police Agency on the fact that the Defendant was in the residence located in the Dong-gu Daejeon Special Metropolitan City on December 23, 2016, and that, even though there was no personal character, the Defendant did not have a personal character, the Defendant made a false report by telephone to the Center for 112 Report of the Daejeon Local Police Agency on the fact that “the Defendant was in a special military unit, and changed to meet the requirements,” and that the police officer, who was dispatched to the site, demanded to send the site to the site, and that the Defendant was in demand the opening of the entrance. The Defendant installed a gas bomb and installed a gas bom, and sent the site to nine firemen.”
Accordingly, the defendant interfered with legitimate execution of duties by police officers in relation to the prevention, suppression and investigation of crimes, and legitimate execution of duties by fire officers in relation to rescue and first-aid activities in an emergency.
Summary of Evidence
1. Statement by the defendant in court;
1. An explanatory note and a report processing statement of 112;
1. Previous convictions: Application of Acts and subordinate statutes concerning criminal history, investigation reports (related to criminal records of repeated crimes), judgment text, and current status of personal confinement;
1. Article 137 of the Criminal Act concerning the facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. According to the evidence duly admitted and examined by this court as to the claim of aggravated repeated crime Article 35 of the Criminal Act, the Defendant is deemed to have drinking to a certain extent at the time of committing the instant crime, but in light of various circumstances such as the background leading to the instant crime, the means and method of committing the instant crime, and the Defendant’s behavior before and after the instant crime, etc., the Defendant’s property changes due to drinking at the time of committing the instant crime.