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(영문) 서울서부지방법원 2016.02.04 2015고단3049
위계공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 25, 2015, from around 03:30 to November 25, 2015, to around 03:50 on November 25, 2015, the Defendant used a mobile phone (C) in the name of the Defendant, while not in need of assistance from police officers in front of Mapo-gu Seoul, and used the mobile phone (C) in the name of the Defendant, and sent the phone to the Seoul Local Police Agency upon receipt of the Criminal Report Center 112

In addition, there are only trees that can be seen earlier.

The Defendant reported 112 crimes over the above 36 times during the above period, such as “,” and eventually, the Defendant’s horse at the end of the above 112 crime reporting center, via the foregoing 112 crime reporting center, was allowed to search and search one of the guards E, the police officer F, and G police officers around the location of the cell phone call of the above Defendant.

Accordingly, the defendant made a false phone and interfered with the legitimate execution of duties of the police officers in relation to the prevention and investigation of crimes by deceptive means.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Photographs;

1. 112 A list of reported cases;

1. Application of text messages statutes;

1. Article 137 of the Criminal Act applicable to the facts constituting an offense and Article 137 of the choice of punishment;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (the following circumstances, etc. considered as the grounds for sentencing);

1. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Act on the Protection, Observation, etc. [Scope of Recommendation] The basic area (from August to January 6) of the two types (in the event of obstruction of the performance of official duties) [decision of sentence] The above sentencing criteria include that the defendant has no record of obstructing the performance of official duties and there is no record of punishment exceeding the fine, and that the defendant reflects his mistake and seems to result in the crime of this case by drinking, including the defendant's age, sexual behavior, and environment, and the frequency of the crime, etc., which are the conditions for the sentencing of this case, such as the defendant's age, sex, and environment.

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