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(영문) 부산지방법원 2016.03.31 2015고단8691
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 1, 2015, the Defendant: (a) called the Defendant’s cell phone (C) at the center of the Busan District Police Agency 112 calls from the Busan District Police Agency; (b) called the Defendant’s cell phone (hereinafter referred to as the “Defendant’s cell phone”); and (c) called the Defendant’s cell phone at the center of the Busan District Police Agency 112 calls; (c) the Defendant called the Defendant’s seated D, “in the Busan District Police Agency, the name of which is A; (c) one dead; and (d) one dead person; and (e) one dead person; and (c) another will be killed for singing; and (d) the police officers belonging to the located district of the Busan District Police Agency from November 30, 2015 to December 27, 2015, called the Defendant’s cell phone at the center; and (c) the Defendant changed the call to the Defendant’s total call over two occasions on December 28, 2015.

As a result, the defendant interfered with the legitimate execution of duties of police officers with respect to the receipt of reports on crimes 112.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The application of the 112 Report Statement, the 112 Report-Related Department, the 112 Report-Related Department, the 112 Report-Related Settlement Statement, and the Acts and subordinate statutes governing the recording of false statement of suspects;

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. Reasons for the sentencing of Article 62-2 of the Criminal Act, including the observation of protection and the order to provide community service and the order to attend lectures [the scope of recommendations] The reason for the sentencing of Article 62-2 of the Criminal Act / [the scope of punishment / [the scope of recommendations] the aggravated area (1 to 3 years), which is not concurrent crimes (1 to 3 years), a repeated crime (a special aggravated person] the decision of sentence / When considering the content and quality of the instant crime,

However, in light of the fact that the defendant reflects the crime and does not repeat the crime, there is no criminal record exceeding the same kind of criminal record and fine, the substantial part of the reported contents is not severe than the degree of interference with the execution of official duties, and other factors such as sentencing conditions under Article 51 of the Criminal Act, the order to observe and attend education and the order to provide community service order are imposed.

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