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(영문) 수원지방법원 성남지원 2017.01.20 2016고단3854
위계공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On August 28, 2016, around 18:52, the Defendant appeared in E with a police officer in charge of calling a telephone at the 112 comprehensive situation room using a public telephone device installed in a place.

No. 609, 1204, dealing with narcotics.

Kins 800g degree

People of Thailand and the Philippines are in the Republic of Korea.

“A false report was made by having eight police officers belonging to F of the Police Station in the Gyeonggi-do Branch of Police Station called the place of report.

As a result, the defendant interfered with the legitimate execution of duties of the police officer in relation to the receipt and handling of the 112 report.

Summary of Evidence

1. Partial statement of the defendant;

1. Information of the department related to the report of 112 case;

1. Application of Acts and subordinate statutes to CCTV screen, i.e., a copy of a request for examination, and a copy of investigation

1. Where the applicable legal provisions on criminal facts, Article 137 of the Criminal Act on the selection of a sentence, the grounds for sentencing of imprisonment [the scope of recommendations] [the grounds for sentencing of a sentence] where the degree of interference with the execution of official duties is insignificant (the degree of interference with the execution of official duties by fraudulent means) [the person subject to special mitigation] assault, intimidation, deceptive scheme, or public duties of the mitigated area (the decision of sentence] [the decision of sentence] three times for the defendant to be punished for the same crime, and the crime similar to this case has not been long since it was sentenced to the suspended sentence for six months at the Seoul East District Court on May 18, 2016 after being sentenced to the suspended sentence for six months at the Seoul East District Court for the crime similar to this case, the crime of this case leads to the crime of this case, taking into account that the waste of police force and the actual necessity of assistance may lead to a situation that prevents people from obtaining timely assistance, and that the crime is not good.

However, in determining the term of punishment, although police officers called out due to the defendant's false report to interfere with the execution of their duties, the police officers did not have much degree of interference with official duties because they can be aware that they are immediately called out for false reports.

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