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(영문) 서울서부지방법원 2019.02.15 2018고단3536
위계공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

Around June 5, 2018, the Defendant reported to the Seoul Mapo-gu apartment site B in front of the Mapo-gu Seoul Metropolitan Government apartment on the 11:54 on June 5, 2018 when he or she lacks the ability to discern things or make decisions due to tidal depression and tidal wave, the Defendant sent approximately 50 police officers belonging to the Seoul Mapo-gu Police Agency and the Seoul Police Agency to the police officers assigned to the Seoul Metropolitan Police Agency for search of nearby building for explosives for about 30 minutes by calling to the 112 reporting center even though there is no breadth in the breadth.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on crime prevention, maintenance of order, etc. through fraudulent means.

Summary of Evidence

1. Defendant's legal statement;

1. Certificate of search;

1. A search report;

1. Situation report;

1. Details of 112 reported cases;

1. Application of statutes on medical records;

1. Article 137 of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Article 62 (1) of the Criminal Act;

1. As a result of the crime of sentencing under Article 62-2 of the Probation Criminal Act, a sentence shall be chosen, and the execution of a sentence shall be suspended on condition of probation, taking into account the fact that the defendant was in a state of mental disorder caused by the depression, and that the defendant was an initial

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