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(영문) 광주지방법원 2019.01.24 2018고단5268
위계공무집행방해등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

[criminal power] On November 13, 2014, the Defendant was sentenced to two years of imprisonment with prison labor for the crime of interference with business, etc. at the Gwangju District Court, and on August 25, 2015, the same court sentenced eight months of imprisonment with prison labor for the crime of interference with business, etc., and completed the execution of the sentence at the Mapo Prison on June 27, 2016.

【Criminal Facts】

1. On November 28, 2018, at around 01:00, the Defendant had the disturbance in the “C” located in the Seo-gu Seo-gu Seoul metropolitan area, and had the disturbance reported 112 as a suspicion of interference with business, and had the Defendant made a false report to 112.

On November 28, 2018, from around 01:06 to 09:56 the same day, the Defendant made a false report, using two cell phones of D and E numbers used by the Defendant in the B and E numbers located in the B and Seo-dong, Seo-gu, Seo-gu, Seo-gu, Gwangju, by making it possible for the police officers belonging to the Standing District of the Seo-gu, Gwangju to take out the phone at 112 times over 117 times, without making any speech, or by making a false report, such as “I am out of the commercial area,” “I am out of the commercial area, I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. to the police officers belonging to the Standing District of the Seo-gu, Seo-gu, Busan, who misleadd the Defendant of the actual occurrence.

As a result, the defendant interfered with legitimate execution of duties of police officers on public safety and maintenance of order, crime prevention and investigation.

2. On December 3, 2018, the Defendant was unable to bring a disturbance for about 15 minutes on the grounds that, around 22:00 on December 3, 2018, the Defendant reported the content that the employee of the said store was suffering from disturbance to the Defendant at the H standing position in Seo-gu, Seo-gu, Gwangju, about 112.

Accordingly, the Defendant interfered with the victim's bar business by force.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of G and I;

1. Reports on internal investigation (Attachment of 112 Declarations), 112 declarations;

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