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(영문) 부산지방법원 동부지원 2017.03.27 2016고단1969
위계공무집행방해
Text

A defendant shall be punished by imprisonment for not more than ten 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 July 14, 2016, around 02:40, the Defendant filed a false report with the Busan Southern-gu Office of the 112 Crime Report to the Busan Southern-gu Police Station by telephone, and obstructed the duties of the above police officers by fraudulent means, such as having the circumstances, etc. belonging to the Busan Southern-gu Police Station D District dispatch the Defendant to the Defendant’s residence, etc., and from January 1, 2016 to the same year, the Defendant reported by telephone to the Busan Southern-gu Office of the 1112 Crime Report.

7. From 14th to 14th, the police officer called up with a false report six times in total, such as the list of crimes in the annexed sheet.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the prevention and investigation of crimes by fraudulent means.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Application of Acts and subordinate statutes to a report on investigation (for example, history, etc. of a report), a report on investigation (for example, attaching details of a report by a suspect A 112);

1. Relevant Article 137 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

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 sentencing shall be taken into consideration in favor of the people in mind):

1. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, each of the instant crimes committed by the police officers with false reports six times, thereby obstructing the police officers from performing their legitimate duties concerning the prevention and investigation of the crime by deceptive means. The nature of the crime is not good, and the Defendant has a record of punishment several times for the same crime, which is disadvantageous to others.

However, there are favorable circumstances such as the fact that the defendant is recognized as a substitute for each of the crimes in this case, and that the defendant has no record of being subject to punishment exceeding the suspended sentence.

In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account various sentencing conditions in the trial process of this case.

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