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(영문) 서울중앙지방법원 2018.03.29 2017고단9125
위계공무집행방해
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is physically and mentally weak.

On November 15, 2017, at around 14:56, the Defendant sent a false text message to the Gangnam-gu Seoul Metropolitan Government Samsung 4:17-ro 5 apartment complex 505, the 112 branch office of the Seoul District Police Agency, using his mobile phone (C) to the 112 branch office of the 112 branch office of the Seoul District Police Agency, and to evacuate those who are expected to have an explosion fire at the 17th branch office of the 17th branch office, and carried out the duties, such as evacuation of human life and search of explosives, by having the police officers who belong to the one branch office of the Suwon Police Station of the Seoul Western District Police Station, the fire officers belonging to the Gangnam Fire Station of the Gangnam Fire Station, and police officers belonging to the special police unit, who believe it as true, called the 17th branch elementary school to perform the duties, such as evacuation of people and search of explosives.

However, in fact, the open elementary school did not have explosiond water, and the defendant reported that explosion fire would occur to the above elementary school by sparing uneasiness without any special reason.

Accordingly, the defendant interfered with legitimate execution of duties concerning security and crime prevention of police officers by fraudulent means.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A detailed statement of the processing of reported cases;

1. Report of investigation (the application of Acts and subordinate statutes to cell phone investigations related to suspect 112 letter reports);

1. Article 137 of the Criminal Act and the selection of fines concerning facts constituting an offense;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical drugs;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. There are extenuating circumstances to consider that the reason for sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment leads to an offense due to unstable psychological conditions.

The defendant's family efforts to protect and treat the defendant's family.

There is a history that the defendant has been suspended twice due to a similar crime even before.

There are many damages due to the defendant's false report from the police station and the fire station on a large scale.

As above, the above defendant was guilty, disadvantageous circumstances, and so on.

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