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(영문) 부산지방법원 서부지원 2019.01.16 2018고단1996
위계공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On July 25, 2018, at around 23:03, the Defendant reported multiple media images to 119 in the Defendant’s house located in Seo-gu Busan, Seo-gu, Busan, and reported falsely to the effect that “I are detained in Chungcheongnam-dong,” and 13 persons, such as firemen D, etc. belonging to the Busan Central Fire Safety Center, are on board the fire pumps, rescue copis, and first-aid vehicles. The Defendant called the police vehicles by 18 persons, such as the Busan Western Police Station E and police officers F, etc., on board the police vehicles, and called the Defendant to search the Defendant’s residence of the Defendant to rescue the Defendant for more than 20 minutes.

Accordingly, the defendant interfered with legitimate execution of duties concerning the protection of the lives of the people of fire officers and police officers by fraudulent means.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement made to F and D;

1. Application of investigation reports (Evidence No. 1 No. 1), investigation reports (as to attachment, etc. of video files to the Busan Metropolitan City 119 comprehensive control center), dispatch orders, 112 report handling records, 119 report handling records, multiple media reporting pictures and recording files, and cell phone photographs and mobile phone-related Acts and subordinate statutes;

1. Relevant Articles of the Criminal Act and Article 137 of the Criminal Act concerning the crimes;

1. Reasons for suspended sentence under Article 62 (1) of the Criminal Act;

1. The basic area (8 to one year and six months) of the punishment of obstruction of performance of official duties on the grounds of the sentencing criteria shall be limited to the range of recommendations according to the sentencing criteria; and

2. The crime of this case, which was sentenced to punishment, is committed by the defendant's false report, 31 fire-fighters, police officers called out to search approximately one hour and twenty-minutes of the defendant's residence, and disadvantageous circumstances, such as the fact that the criminal liability is not minor, and that the defendant recognized the crime of this case, and thus, the defendant has committed the crime of this case in depth and uniformly, and that the defendant seems to have committed the crime of this case, the number of times the false report was made is only one time, and the favorable circumstances such as the fact that the defendant did not have the same criminal record, shall be considered together, and the records and arguments of this case shall be taken into account.

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