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(영문) 인천지방법원 2017.08.17 2017고단4352
위계공무집행방해
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 11, 2017, at around 02:56, the Defendant filed a false report with the purport that “D” Internet news reports are “humanly harsh” while searching Internet articles on the roads near the Incheon Gyeyang-gu Incheon Metropolitan City Office via his own smartphones. In order to resist this, the Defendant made several calls to the above JTBC office, but does not connect with the person in charge. However, the Defendant made a false report with the purport that “D will be abandoned by spreading the JTBC building before the JTBC building, and by spreading the JTBC.”

As a result, the defendant sent about 20 police officers belonging to the Incheon Gyeyang Police Station, including E, to search and seize the defendant's smartphone address around the defendant's smartphone address.

As a result, the defendant interfered with legitimate performance of official duties on the prevention, suppression, investigation, etc. of police officers by fraudulent means.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Ethical letters;

1. 112 Report details and list of reported case processing;

1. JTBC Articles;

1. Application of the Acts and subordinate statutes to photographs, such as recording of the victim's mobile phone conversations;

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 stay of execution (The following sentencing shall be taken into account, etc.):

1. The reason for the sentencing of Article 62-2 of the Criminal Code of the Social Service Order [the scope of recommendations] The reason for the sentencing of Article 62-2 of the Criminal Code / [the scope of punishment ] the two types of interference with the performance of official duties, and the special aggravation area (one to four years and six months) / [the special aggravation] / (1) where there are many public officials suffering damage, and the degree of interference with official duties is heavy (the decision of sentence ] where the defendant is dissatisfied with the broadcast report and falsely reported to the police, thereby obstructing the performance of official duties caused by the case of obstructing the performance of official duties.

Although it is not possible to see, the defendant is against the other, and even though he has the same criminal record, he has both criminal records of fine and criminal records of the same kind of suspension of execution.

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