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(영문) 서울북부지방법원 2020.05.27 2019고단2208
위계공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

except that 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

1. On January 20, 2019, the Defendant reported the false fact to the effect that, at the Defendant’s house located in Seoul Special Metropolitan City, Nowon-gu apartment No. B apartment site No. 3, the Defendant: (a) even though he was drunkly under the influence of alcohol to kill or kill the wife without his intent to cause a fire to the apartment house, the Defendant reported the fact to the 112 comprehensive situation room of the Seoul Special Metropolitan Police Agency by using his mobile phone to the effect that “I would see to die. I will die and die around it; I will die and die gasoline; and (b) the employees in charge of the 112 comprehensive situation room of the Seoul Special Metropolitan Police Agency No. 112 order the dispatch of the police officers, such as E, and many fire officers, such as the fire assistant F, etc., belonging to the Seoul Special Nowon-gu Police Station D District No. 112, called the Defendant’s house.

As a result, the defendant interfered with legitimate execution of duties of police officers such as crime prevention, suppression and investigation, fire suppression and prevention, etc. by deceptive means.

2. At around 17:10 on the same day, the Defendant, who was arrested as a flagrant offender on the part of the above Defendant’s house and moved the patrol vehicle to a police station on the side of the Defendant while getting on the patrol vehicle and moving the patrol vehicle to the police station, was one’s own transfer to the victim G (the age of 37) who is a police officer belonging to the Seoul Nowon Police Station D District Unit, who was seated by the Defendant, and committed assault to the victim on one’s own hand.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Each police statement of H and G;

1. An investigation report (a suspect's investigation report on October 8, 2018, on false reports).

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

1. Article 137 of the Criminal Act and Article 260 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (mutually between the points of obstruction of performance of official duties by deceptive means);

1. Selection of each sentence of imprisonment;

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