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(영문) 부산지방법원 2015.09.04 2015고단4001
위계공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight 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

On January 31, 2013, at around 12:16, the Defendant reported to the Busan East-gu Office of Police Agency 112 to the Busan East-gu Office of Police Agency 112 that “The Defendant voluntarily surrenders to the police by reason of the fact that there was a fine and a fine,” thereby obstructing the police officer’s duties by fraudulent means, such as sending the police officer D, etc. belonging to the Busan East-dong Police Station to the Defendant’s residence and searching for and investigating the surrounding areas, etc., from that time until August 25, 2014, the Defendant sent the police officer by making a false report seven times as shown in the list of crimes.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to crime prevention and investigation.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of E, F, and G;

1. A H statement;

1. Reports on internal investigation and the application of the Acts and subordinate statutes governing investigation reports;

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

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

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

1. The reason for sentencing of Article 62-2 of the Probation Criminal Act [Scope of Recommendation] Article 62-2 of the Act on Probation: (a) there is no person who has a basic sphere of obstruction of performance of official duties (8 to 16 months) [no person who has a special relation] [decision of sentence]; (b) there is no person who has been punished by a false report as in the past; and (c) there is no person who has not been punished by a false report as in the past; and (d) probation shall be imposed together to prevent recidivism.

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