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(영문) 부산지방법원 동부지원 2015.08.26 2015고단1129
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 of the final judgment.

Reasons

Punishment of the crime

On May 2, 2015, the Defendant: (a) around May 2, 2015, posted several calls to D, who was a woman living together with the Defendant; (b) but D did not receive a telephone; (c) did not intend to make a false report that D was kidnapped even though D was not actually kidnapped in 112.

From 02:48 to 02:58 on the same day, the Defendant sent a false text message to the police officer of the criminal police station of the plane captain who received the report, three police officers of the plane captain police station, four police officers of the plane captain district, who were assigned to the captain district, to search for approximately two hours, and two police officers of the Suwon Police Station, who were requested to provide cooperation by the captain, and two police officers of the Suwon Police Station, who were assigned to the police station of the police station of the plane captain district, for two hours at the address and the place of residence of the above D and the place of residence.

Accordingly, the defendant interfered with legitimate execution of duties concerning crime prevention and investigation affairs by fraudulent means.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on detailed statement of reported case settlement; and

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

1. Article 62 (1) of the Criminal Act (including the cases where he/she commits an error, etc.);

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