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(영문) 춘천지방법원 원주지원 2019.10.24 2019고단895
위계공무집행방해
Text

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

Reasons

Punishment of the crime

On November 8, 2017, the Defendant was sentenced to four months of imprisonment with prison labor for obstruction of the performance of official duties by deceptive means, etc. in the Chuncheon District Court's original branch on November 8, 2017, and completed the execution of the sentence in the Chuncheon Prison on January 23, 2018.

On August 27, 2019, the Defendant made a false report on the fact that the Defendant called to the 1112 situation room in front of the original station located in the original station located in 158 in the city of Won-si, which was a mobile phone, to the 158 situation room, to the 158 situation room, and had the police officers belonging to the original police station B Zone B, who believed the above report to be true, sent the above report to the site to C, police officers belonging to the original police station B Zone B, police officers, and police officers D, etc. who believed to be true, and requested the Defendant to take corrective measures and take corrective measures for the test of narcotics at the B Zone of the original police station.

As a result, the defendant interfered with police officers' criminal investigations and dispatch of 112 reports by fraudulent means.

Summary of Evidence

1. Defendant's legal statement;

1. Written consent to collection of urines;

1. Requests for appraisal;

1. Photographss of the results of an Agylgraphy examination;

1. Current status of 112 reports received;

1. - Telephone recording files;

1. Investigation report (as to a medical examination which is a documentary examiner, for a medical examination)

1. Previous records of judgment: Application of criminal records, replys to criminal records, investigation reports (former records and attachment of judgment), investigation reports (Attachment to confinement and inquiry) Acts and subordinate statutes;

1. Article 137 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. The circumstances favorable to the sentencing of Article 35 of the Criminal Act among repeated offenders: the defendant is against the crime of this case.

If the defendant is under the influence of alcohol without any particular reason, the same crime is repeated, and psychological treatment seems necessary.

Unfavorable circumstances: The defendant has made a false report in a situation room 112, such as that he/she himself/herself has taken narcotics, etc.

The defendant has been sentenced several times to punishment for the same kind of crime, and the crime of this case is during the period of repeated crime for the same kind of crime.

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