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(영문) 대구지방법원 서부지원 2016.8.11. 선고 2016고단889 판결
위계공무집행방해
Cases

2016 Highest889 Performance of Official Duties by Fraudulent Means

Defendant

A

Prosecutor

Sponsor (prosecutions) and scarcitys (public trials)

Imposition of Judgment

August 11, 2016

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant fails to pay the above fine, the defendant shall be confined in the workhouse for a period calculated by converting 100,000 won into one day.

In order to order the provisional payment of an amount equivalent to the above fine.

Reasons

Punishment of the crime

1. On May 7, 2016, from around 18:07 to around 18:20, the Defendant: (a) posted five calls from the Defendant’s cell phone (B) to 112 on five occasions in front of the Defendant’s Seongbuk-gu Seongbuk-gu Sungdong Elementary School; (b) reported that “I will go to a gambling place. I will go to this place. I will go to a gambling place. I will go to this place”; and (c) notified the police officers on board the patrol vehicle of the Daegu Western Police Station who was dispatched to the place to do so, for about twenty minutes, wasted hours.

2. On May 7, 2016, around 18:48, the Defendant posted 112 telephone around the Seo-gu Seo-gu Seo-gu Seo-gu Seoldong Stickdong, and on the Defendant’s cell phone phone, “Any person was killed........ is a person who knows...... is a murder...... the Defendant reported 10 police officers, such as the 112 patrol vehicles in the Taegu Seo-gu Police Station, and reported 112 patrols, and caused the Defendant to waste time for about 50 minutes.

As such, the Defendant reported the details of murder, gambling, etc. twice to 112, thereby hindering police officers from performing their legitimate duties in relation to crime prevention and investigation.

Summary of Evidence

1. Defendant's legal statement;

1. C Police Statements;

1. Investigation report (No. 5 No. 5 of evidence records);

1- 112 List of Reporting Cases, and details received in 112( Situation Office)

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 137 of each Criminal Code and each of the fines (i.e., a white and reflective attitude, and a defendant has no record of being punished exceeding the previous and fine).

1. Aggravation for concurrent crimes;

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

1. Detention in a workhouse;

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

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Judges

Judges Lee Yong-hee

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