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(영문) 청주지방법원 2018.08.30 2018고단887
위계공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant committed the following crimes under the conditions that the Defendant lacks the ability to discern things or make decisions due to the symptoms of a sett, etc.

On February 21, 2018, the Defendant reported to the Heung-gu Seoul Building and D'D' on the fourth floor of Cheongju-si on the 112 comprehensive situation room of the 112 National Police Agency of Chungcheongnam-gu, Chungcheongnam-gu, the Defendant, using his mobile phone (E), that "the installation of Cheongju Airport Explosives" was "the installation of Cheongju Airport Explosives", and reported to the 112 comprehensive situation room of the 112 National Police Agency of the Cheongbuk-gu, Chungcheongnam-gu, the Defendant, who believed it to be true, sent the police and military forces to the Cheongju-si Airport, such as Daejeon Police Special Security, 37 Association, 17 Combat, and 17 battles, so that he would be

As a result, the defendant interfered with the legitimate execution of official duties concerning the prevention and investigation of crimes by police officers by fraudulent means.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, G, and H;

1. A report on the details of processing of reported cases, a situation report, etc.;

1. A report on internal investigation (attached to a report on the situation of a military unit dispatched to the scene);

1. Application of Acts and subordinate statutes to report internal investigation (Attachment, etc. of a report on the special situation of police forces);

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

1. Articles 10(2) and 55(1)3 of the Criminal Act to mitigate mental and physical weakness (under the medical certificate, psychological evaluation report, etc. submitted by the Defendant, etc., the Defendant is deemed to have committed a crime recorded in the criminal facts in his/her judgment in a state that he/she lacks the ability to discern things or make decisions due to symptoms, mixed coercion, accidents and actions, and heavy mark, etc.

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. The sentencing guidelines [the scope of recommended punishment] the area of mitigation (from April to October) (the area of special mitigation) (the area of persons who are not responsible for him/her) of Class 2 (Obstruction of Performance of Official Duties by Fraudulent Means) in the course of performing official duties;

2. The sentencing conditions indicated in the records, such as the defendant's age, occupation, sex, family relationship, and the circumstances before and after the crime, are below the sentence of sentence.

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