2016 Highest 3518 Violation of the obstruction of performance of official duties by fraudulent means, violation of the Punishment of Minor Offenses Act

(1) ① (61 year life, leisure), cleaning

Residential Suwon City

Hongcheoncheon District in Reference domicile

Mari (Institution of Prosecution) and Mariap (Trial)

August 16, 2016

A defendant shall be punished by imprisonment with prison labor for not less than eight months and by a fine not exceeding five hundred thousand won.

When the defendant does not pay the above fine, the defendant shall be the defendant for the period calculated by converting one million won into one day.

shall be confined in a workhouse.

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

To order the defendant to provide community service for 120 hours.

Criminal facts

1. The obstruction of performance of official duties by deceptive means;

On May 21, 2016, at around 19:55, the Defendant called at the head of the Defendant’s office located in Suwon, and called at 119 center, and called at the 119 center, and called “any male has died in knife and gone up to 5th floor,” and called the above report by making a false report, the Defendant sent 9 such as Suwon Fire Station, KimA, etc., belonging to the Suwon Fire Station, and one pump, and one equipment transporter, and sent 5 persons such as Leewon○○ Police Station (a) B, etc., the police box belonging to the Suwon○ Police Station, 4 persons such as the police station, KimD, etc. belonging to the police box, and 2 police guards belonging to (b) the police box, etc. assigned to the police box to search for about 16 minutes.

Accordingly, the Defendant interfered with the legitimate execution of duties of the public officials in relation to the maintenance of public order and the prevention and investigation of crimes by deceptive means as above.

2. Violation of the Punishment of Minor Offenses Act;

A. On February 11, 2016, at around 07: 07, the Defendant called at the head of the above Defendant’s office to “119 center to examine the person who killed.” Any words were known, and the words became dead on any day. “On February 19, 2016, two persons, such as the Suwon○ Police Station’s Senior Flag, who reported the fact by falsity, called the Defendant’s family member’s relative interview and on-site measures by up to 59:0 on February 19, 2016.

B. On September 19, 2015: around 38, 2015, the Defendant called from the above Defendant’s house to the 1112 center, and opened a door to the roadside. As such, the Defendant: (a) reported that the male was “the son,” and called “the son,” and sent to the site by two persons, including heading lag, belonging to the Suwon○ Police Station; and (b) had him/her take on-site measures, such as investigating the other party’s contact around the site by no later than 53:

Application of Statutes

1. Relevant Articles of criminal facts;

Intentional point)

1. Competition;

Articles 40 and 50 of the Criminal Act

1. Selection of penalty;

The crime of obstruction of the performance of official duties by fraudulent means shall be punished by imprisonment and the crime of violation of the Punishment of Minor Offenses Act.

1. Aggravation for concurrent crimes;

Article 37 (former part), Article 38 (1) 2 and 3, and Article 50 of the Criminal Act

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act (see, e.g., Article 62(1) that acknowledges and reflects his or her mistake, and takes into account the fact that there is no criminal record other than those punished twice by a fine for a

1. Social service order;

Article 62-2 of the Criminal Act

Scope of recommendations on the sentencing criteria for the crime of obstruction of performance of fraudulent means;

[Scope of Recommendation Form]

Obstruction of Performance of Official Duties (Obstruction of Performance of Official Duties by Fraudulent Means) Basic Area (from August to June 1)

【Special Convicted Persons】

None

It is so decided as per Disposition for the above reasons.

Judges Kim Jong-hwan