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(영문) 수원지방법원 성남지원 2017.05.17 2016고단1470
위계공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 12, 2016, from around 17:20 to 21:28 of the same day, the Defendant: (a) used the phone from which the core chip was removed to prevent the transmission from being displayed over about 16 occasions; (b) opened an emergency call by dividing the phone into 119, and (c) reported that “I will commit suicide at present at the suicide prevention center. B, I will commit suicide at the Qa Dam.”

However, the defendant did not actually commit suicide but want to call with a counseling center staff member on the ground that he/she would commit suicide by notifying a false name and a false place.

By making a false report, there were 7 staff and investigation officers of the South Korean Police Station, 112 other members of the police station, 112 patrol units, and 30 members of the rescue staff of the subordinate fire station who are believed to be the actual situation, and search the reporter by using approximately 30 members of the rescue staff of the subordinate fire station, thereby hindering the performance of duties concerning the reporting duties of police officers of the subordinate police station and the members of the rescue staff of the south fire station, etc.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. C’s statement;

1. A copy of the report on the results of the 112 Incident processing, the details of 112 reported, and the details of emergency medical services activities;

1. Recording records of the report;

1. Application of Acts and subordinate statutes to a report on investigation (the details of dispatch to 112 other units, and a report on search related to a suspect A);

1. The relevant legal provisions of the Criminal Act and Article 137 of the Criminal Act regarding criminal facts, the reasons for sentencing of sentence of imprisonment [the scope of recommendation] No person who does not have a basic area (from August to January) (no special sentencing person] [the decision of sentencing] [the degree of interference with the performance of official duties by fraudulent means] (the decision of sentencing] the Defendant’s repeated report requires relatively heavy degree of interference with the performance of duties of fire-fighting officers and police officers, and resulting in the waste of public power as a result of such a false report, etc. In light of the fact that the nature of the crime is poor, the punishment as ordered shall be determined by taking into account the following factors into account: the Defendant’s age, career, sexual behavior, environment, motive and method of the instant crime, means and method of the instant crime, circumstances after the crime, etc. recorded in the records.

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