2015 Highest 5274 Obstruction of Official Duties by Fraudulent Means, thief

prescribed ① (1)(1)(1)(n)(n)(n)(n)(n)(n)(n)

Accommodation-si

Gyeongbuk-gu District in Reference domicile

Type ( Prosecution) (Courtrooms), non-permission (Courtrooms)

Attorney Lee Yong-hoon (Korean Office)

March 24, 2016

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

except that the execution of the above sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Criminal History Office

1. Larceny;

On October 26, 2015, the Defendant: around 01, at the convenience store for the operation of the victim’s right ○○○ located in Suwon-si.

2. The obstruction of performance of official duties by fraudulent means;

On October 26, 2015: 04:01, the Defendant: (a) committed the larceny at the convenience store as above; (b) committed the larceny; and (c) attempted to disguise as if he was committing robbery and forced indecent act while working at the above convenience store with the intent to conceal his own criminal act; (d) called 112 on one’s cell phone; and (e) called “betting clothes; (e) did not have any clothes; and (e) carried out work at the convenience store; (b) made intimidation outside of any person; and (c) made such intimidation with the same rank of foreigners; (d) sent to the scene, the Defendant reported it to the police station; (e) the number of times - the police station affiliated with the police station, and (e) the person who appears to be a woman threatening the offender to his knife and escaped to the scene, thereby blocking or blocking the police station from visiting the scene for about one hour by making a false report, such as having him absconded, and having him absconded to the scene.

Accordingly, the Defendant, as a deceptive scheme, interfered with legitimate execution of duties concerning handling of 112 reports by police officers, such as police officers and police officers belonging to the police station.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of the defendant;

1. Statement of statement to an officer ○○;

1. A report of investigation:

1. A list of 112 reported cases;

1. Situation report;

Application of Statutes

1. Relevant Articles of criminal facts;

Article 329 (Larceny) of the Criminal Act and Article 137 of the Criminal Act (the defendant's 112 report was made in order to conceal his/her thief crime, and further, the police officer who first arrived at the first site stated that he/she was indecent act after being threatened with a deadly weapon by 2 male men by his/her own body from the truck to string off the truck to string off the first site, and thief, which constitutes a crime of obstruction of performance of official duties by fraudulent means as he/she actively obstructed investigation by an investigative agency and constitutes a crime of obstruction of official duties by fraudulent means).

1. Competition;

Articles 40 and 50 of the Criminal Act

1. Selection of penalty;

Imprisonment Selection

1. Aggravation for 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

Reasons for sentencing

[Scope of Recommendation Form]

Sentencing does not apply to the relationship of commercial concurrent crimes.

【Determination of Sentence】

Considering the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the fact that the degree of deceptive scheme is minor, the total amount of damage was returned to the victim, the fact that the defendant has no record of being punished by criminal punishment, the defendant's age is relatively old and possibility of future improvement, and the defendant's character, behavior and environment, etc.

Judges Park Jong-young