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(영문) 서울중앙지방법원 2016.07.22 2016고단2284
위계공무집행방해
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

After the Defendant had his wife or his wife in a dispute, the Defendant did not open the door by opening the door, and reported it to 119, and made a false report to 119, so that the Defendant had a fire official or police official feel to be called out.

On March 21, 2016, at around 06:40 on March 21, 2016, the Defendant made a false report on the Defendant’s home located in Jung-gu Seoul, Jung-gu, Seoul, and the 119-ro mobile phone (D) with his mobile phone, and ordered the Defendant to urgently dispatch four police officers belonging to the Seoul Central Fire Station, including 06:44 on the same day.

Accordingly, the defendant interfered with legitimate execution of duties concerning rescue and first aid of the above fire officers and criminal investigation and suppression of the police officers by fraudulent means.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Confirmation of the details of 112 Declarations, confirmation of the details of 119 dispatch, and application of Acts and subordinate statutes on site photographs;

1. Relevant Article 137 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The mental and physical disorder stipulated in Article 10 of the Criminal Act as to the assertion of mental and physical disorder by defense counsel under Article 62(1) of the Act on the Suspension of Execution is a biological factor, and it is necessary to determine that mental and physical disorder, such as mental illness, mental drugs, or abnormal mental condition, is lacking or reduced in the ability to distinguish things due to such mental disorder. Thus, even if a person with mental disorder is a person with a normal right and the ability to control behavior at the time of committing the crime, such mental and physical disorder cannot be deemed as a mental disorder (see Supreme Court Decision 92Do1425, Aug. 18, 192, 192, etc.). According to the above evidence and the materials revealed in the oral proceedings of this case, according to the facts that the defendant was receiving several medical treatments due to alcohol addiction, and the crime of this case.

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