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(영문) 수원지방법원 안산지원 2019.09.18 2019고단2762
위계공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months and a fine not exceeding 600,000 won.

If the defendant does not pay the above fine, it shall be gold.

Reasons

Punishment of the crime

On November 24, 2016, the Defendant was sentenced to 10 months of imprisonment with prison labor for the crime of interference with business, etc. at the Suwon District Court, and two years of suspension of execution was finalized on December 2, 2016. However, on February 6, 2018, the Defendant was released on February 28, 2019 and the remaining term of imprisonment was expired on June 4, 2019, when he/she was sentenced to six months of imprisonment with prison labor at the Suwon District Court for the crime of interference with business.

1. On July 10, 2019, the Defendant of the obstruction of performance of official duties by deceptive means called the cell phone in the name of the Defendant to the 112 comprehensive situation room in the Gyeonggi-nam Police Agency, the Gyeonggi-do Police Agency, and the 112 comprehensive situation room on the street in front of the “Crain Bank” located in Ansan-gu, Ansan-si, the Defendant made a false report to the effect that sexual traffic is conducted at the D Service Center, which closed its business as of November 29, 2018 and does not operate its business, and obstructed the police officers belonging to the Ansan-gu Police Agency, the performance of official duties by deceptive means, as shown in the attached list of crimes, by making a false report five times in total, thereby obstructing the police officers from performing their legitimate duties concerning the handling of the 112 reported cases.

2. Although the Defendant was prohibited from falsely reporting a crime or disaster that is not any person violating the Punishment of Minor Offenses Act to a public official, on July 10, 2019, at around 09:16, the Defendant reported a crime that is not reported to engage in sexual traffic at the Donam Provincial Police Agency 112 general situation room in front of the above “Crain Bank” via a cell phone in the name of the Defendant, and on November 29, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Report 112 case handling lists, notification of data requested for cooperation in investigation (D User), CDs, records of 112 reports, on-site photographs, investigation reports (to hear statements of reference witnesses), and investigation reports (to hear statements by police officers in mobilization to the site);

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records and personal confinement status;

1. Criminal facts;

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