(영문) 부산지방법원 2008.6.12.선고 2008고단2048 판결

A defendant shall be punished by imprisonment with prison labor for up to eight months. The number of detention days prior to the pronouncement of this judgment shall be included in the above sentence.

Reasons

Criminal facts

Defendant is suffering from ordinary alcohol, depression, etc. while under the influence of alcohol, and the Defendant lacks the ability to discern things or make decisions:

1. On March 24, 2008, around 12:38, 2008, the defendant filed a false report with the "X-dong, Busan East-gu, Busan District Police Agency" at the "X-dong, Busan District Police Agency's 112 Crime Report Office, which believed to be true and interfere with the duties of the above district unit by fraudulent means, such as having a police officer B, etc. dispatched to the above mother, and search for and investigate the surrounding areas, and as shown in the list of crimes in the attached list of crimes; from around that time to April 14, 2008, the police officer called to the "X-dong, Busan District Police Agency" with a false report on 59 occasions and interfere with legitimate execution of duties of police officers concerning crime prevention, suppression, investigation, etc. by using deceptive means;

2. On March 27, 2008: (a) around 04:16, 2008, from the Sin-dong subway No. 1, Dong-dong, Busan Metropolitan City, to the 6th of the subway No. 113 times, the fire officers reported falsely by telephone 119 to the 1119, thereby obstructing the duties of the said fire station by fraudulent means by allowing the dispatch of the fire station to the 119 Safety Center Fire Station C, etc., in the same way as the list of crimes in the attached Form; (b) from around that time to April 14, 2008, the fire officers sent to the fire station with a false report for 13 times and interfere with the legitimate performance of duties of fire officers by deceptive means; (c)

3. On April 14, 2008, from around 02:40 to around 03:45, in the emergency room of Busan Eastdong-dong 3, 1426-7, "Ya Hospital", "the finger was forgotten about the long direction angle to go at the house of the Asia", and the doctor D requested the victim E (V, the nurse of the emergency room, "I inform the name and telephone number of the president, I will know about the procedure of return to the hospital, and I will know about the internal radiation and medical doctor," and "I would like to interfere with the operation of the emergency room," and "I would like to interfere with the operation of the patient by exerting influence of the victim's sphere, etc." by smoking tobacco, and "I would like to interfere with the operation of the emergency room."

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement with respect to E and recent materials;

1. Each statement;

1. Each investigation report (as regards reports, 112 of suspects, accompanying documents, etc. of the 119 comprehensive information system, preparing a list of 112 reported cases, i.e., request for conversion of criminal cases into criminal cases, and investigation into false reports);

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 314(1) and 137 of the Criminal Act

2. Statutory mitigation;

Articles 10(2) and 55(1)3 of the Criminal Act

3. Aggravation for concurrent crimes; and

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

4. Inclusion of days of detention in detention;

Article 57 of the Criminal Act