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(영문) 수원지방법원 2020.11.27 2020고단4585
공무집행방해등
Text

Of the crimes of obstruction of the performance of official duties by fraudulent means, punishment No. 1 to six times shall be exempted, and the remainder shall be exempted.

Reasons

Punishment of the crime

[Criminal Power] On May 16, 2019, the Defendant was sentenced to imprisonment with prison labor for ten months for the obstruction of performance of official duties, etc. at the Ansan District Court’s Ansan Branch on May 16, 2019 and the said judgment became final and conclusive on May 24, 2019.

(2) On September 23, 2020, the Defendant was sentenced to imprisonment with prison labor for one year and six months and a fine of 50,000 won (Seoul District Court Decision 2019Gohap340, 360, 361, 362, and 2020Gohap29, hereinafter referred to as “second-time department”) by the Suwon High Court on the grounds of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers. 2019, 359, hereinafter referred to as “third-time department”) and one month (hereinafter referred to as “second-time department”) and one month of imprisonment with prison labor.

【Criminal Facts】

1. On September 1, 2019, the Defendant: (a) called the Defendant’s Handphone (phone number B) to the person in charge of receipt of the 112 comprehensive situation situation room in the Gyeongginam Police Agency, the Gyeongginam Police Agency: (b) reported the fact that he did not actually assault the Defendant on September 1, 2019; and (c) reported the fact that he was sent to the scene by five persons, such as Ansansan Police Station CridgeD, E, Police Officers, G, and patrolman, who believed that he/she did not assault the Defendant, and sent the police officer by making a false report at least 16 times in total, as shown in the attached crime list, from October 11, 2018 to September 6, 2019.

As a result, the defendant interfered with the legitimate execution of duties of police officers on the handling of 112 reported cases by fraudulent means.

2. On December 6, 2019, the Defendant: (a) around 22:13, 2019, at the J, which was located in Sinst City I, expressed a bath to the customers while under the influence of alcohol; (b) reported 112; and (c) the police officer affiliated with the K Zone, who called for this, tried to hand over the Defendant to the Defendant’s guardian; (d) the Defendant, who is the guardian, did not cooperate with the family; and (e) the Defendant was going to go to a nearby hotel and brought a change to the Defendant.

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