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(영문) 서울동부지방법원 2016.05.18 2016고단903
위계공무집행방해
Text

A defendant shall be punished by imprisonment for six 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

The Defendant, around March 31, 2016, was in a singing practice room operated by the Defendant in Songpa-gu, Seoul, and even though the fact was not in a situation where the customer who found in the singing practice room would face an assault, the Defendant tried to assault the customer on six occasions to the police officer in charge of the Seoul Local Police Agency 112 integrated situation room.

A false report was made by sending a police officer to the police officer.

As a result, the Defendant interfered with the legitimate execution of duties of the police officer in charge of the general situation room 112 of Seoul Local Police Agency and the police officer in charge of the Seoul Song Police Station D District Team E, and the police officer F, who called the scene by fraudulent means.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Article 137 of the Criminal Act applicable to the facts constituting an offense and Article 137 of the choice of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. The circumstances that are disadvantageous to the Defendant include: (a) the observation of protection and the fact that there was a history of punishment twice for the same type of crime for sentencing under Article 62-2 of the Social Service Order Act; and (b) a false report was made repeatedly; and (c) the police officer was dispatched to the site; and (d) the result was not easy.

On the other hand, the fact that there is no criminal record of the same kind beyond the fine, and that the confession, depth, and the non-offending of the crime of this case are more favorable to the defendant.

In addition, taking into account the following circumstances and the Defendant’s age, sex, environment, family relationship, motive for committing a crime, means and result of a crime, and the circumstances after committing a crime, the punishment as ordered shall be determined by taking into account all the sentencing conditions as shown in the arguments in this case.

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