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(영문) 서울동부지방법원 2020.03.26 2019고단3685
위계공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 09:47 October 2, 2019, the Defendant made a false report to the head of Gwangjin-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City Gwangjin-gu) Defendant’s house, and received a retirement notice from the owner of the D’s “D” clothes factory,” which the Defendant was working, on the following grounds: (a) the Defendant made a false report to the head of the 112 using a cell phone stating, “I will do so and will do so by going to the flapsing factory of the FF Party E; (b) 34, 35, 36 of the Seoul Special Metropolitan Gwangjin-gu Police Station patrol 34, 35, 36 of the employees, seven (7) the employees, etc. working in the term of office of the above Defendant were called to the neighboring area of the D’s dwelling; and (c) the next patrol 24, etc. of the Seoul Gwangjin Police Station 1, 24, etc. assigned to the neighboring area of the D’s clothes plant.

Accordingly, the defendant, as a deceptive scheme, interfered with the legitimate execution of duties of police officers in relation to crime prevention, suppression and investigation.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation reports (to attach a voice recording file filed with the report of 112 and to prepare a record thereof);

1. Application of Acts and subordinate statutes to request verification of 112 reported details;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Circumstances unfavorable to the reasons for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the following favorable circumstances): False reporting to the effect that the nature of the crime is bad due to a crime for which many police officers are called out by a false report: The fact that the defendant acknowledges and reflects his/her own crime; the defendant has no record of being punished or sentenced in excess of the fine for the same crime; the defendant appears to have caused the crime of this case by contingency; and other conditions of sentencing specified in pleadings, such as the defendant's age, character and conduct, motive, means and consequence of the crime;

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