2015 Highest 4001 Performance of Official Duties by Fraudulent Means

A

Kim Min-seok (Court of Appeals), Macho (Court of Public Trial)

Attorney B (Korean National Assembly)

September 4, 2015

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive. It shall order the defendant to be put on probation.

Criminal facts

On January 31, 2013, at around 12:16, the defendant sent the police officer by fraudulent means, such as sending the police officer D, etc., to the defendant's residence in Busan Dong-gu, Busan Metropolitan City, and having him/her search for and investigate the surrounding areas, from the time on August 25, 2014, the defendant sent the police officer by false report seven times as shown in the list of crimes in attached Table.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to crime prevention and investigation.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of E, F, and G;

1. A H statement;

1. Reports on internal investigation and reports on investigation;

Application of Statutes

1. Article applicable to criminal facts;

Article 137 of the Criminal Act, Selection of Imprisonment

1. Aggravation of concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act

1. Probation;

Article 62-2 of the Criminal Act

The reason for sentencing [Scope of Recommendation] The Basic Area (Obstruction of Performance of Official Duties by Fraudulent Means) of Type 2 (Obstruction of Execution by Fraudulent Means)

【Special Convicted Person】

【Determination of Sentence】

A suspended sentence of imprisonment shall be imposed in consideration of the fact that a mistake is against the past, that the defendant has not been punished by a false report as in the past, and that the degree of the crime is not severe, and probation shall be also imposed to prevent recidivism.

Judges Nam Jae-in