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(영문) 서울남부지방법원 2018.04.13 2017고단6329
위계공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. On August 29, 2017, around 02:15, the Defendant reported 112 false information that he/she was in possession of a mobile phone on the street in front of the C cafeteria in Gangseo-gu Seoul Metropolitan Government, and reported 112 false information that he/she “I are in front of the C cafeteria or a fine.” On the same day, around 02:21 on the same day, the Defendant reported 112 false information that “I are in front of the C cafeteria or a person who was in charge of the fine,” and had the police officer E belonging to the Seoul Gangseo-gu Seoul Police Station D District on the same day dispatch.

From around that time to August 29, 2017, the Defendant reported 112 false information on a total of four occasions, as stated in the list of crimes in attached Form 1.

As such, the Defendant interfered with legitimate execution of duties concerning the prevention and investigation of crimes, maintenance of order, etc. by police officers and three other police officers, etc. working at the 112 Police Center by deceptive means, and police officers, G police officers, etc. belonging to the Seoul Gangnam Police Station D police Station, G police officers, etc.

2. On November 8, 2017, the Defendant: (a) around 01:35, the Defendant: (b) stopped in front of the I cafeteria located in Gangseo-gu Seoul Metropolitan Government, in front of the I cafeteria; (c) without any justifiable reason, the Defendant stopped in front of the I cafeteria operated by the Victim JJ.

The defendant continued to walk back the fronter and driver's seat even in a number of times, and caused a blick with a cell phone, thereby damaging the fronter of the taxi so that it is impossible to know the exact amount of the blick.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of L and J;

1. 112 Application of the 112 Reporting List, vehicle photographing statutes;

1. Relevant provisions of the Criminal Act, the choice of punishment for the crime, Article 137 of the Criminal Act (the point of obstructing the performance of official duties by fraudulent means), Article 366 of the Criminal Act, and the choice of imprisonment with prison labor for each type;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The grounds for sentencing under Article 62-2 of the Criminal Act for orders to provide community service and attend lectures shall be taken into account the method, contents and frequency of the crime of this case, the criminal records of the defendant, etc., but the defendant is against the wrongness and the crime of destroying property.

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