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(영문) 의정부지방법원 2017.08.10 2017고정1141
위계공무집행방해
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

[criminal records] On September 30, 2016, the Defendant was sentenced to a suspended sentence of two years on August 8, 2016 by the Seoul Southern District Court for the crime of obstructing the performance of official duties in a deceptive scheme and the judgment became final and conclusive on October 8, 2016.

[Criminal facts] The Defendant committed the following crimes under the status that the Defendant lacks the ability to discern things or make decisions due to stress disorder, depression, etc.

On February 15, 2016, the Defendant filed a false report on the following grounds: (a) around 22:53, the Defendant’s house of the Defendant in Yacheon-si C, and (b) on the grounds that there were people to drink due to their false reports, and (c) despite the absence of explosives in the Kimpo Airport, the Defendant filed a false report on the following facts: (a) using the Defendant’s mobile phone text messages function, to ensure that public officials of the police and military forces, such as D, who believe that it is true, were called to the Kimpo Airport and were punished for explosives search work by sending the total of 117 public officials of the police and military forces to the Kimpo Airport, etc.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers such as crime prevention and investigation by fraudulent means.

Summary of Evidence

1. Statement by the defendant in court;

1. Situation reports, internal investigation reports (attached Table 112 for handling cases), investigation reports, investigation reports, and cellular phone subscribers;

1. A medical certificate;

1. Previous convictions: Application of investigative reports (Attachment to the rulings related to the same type of crime)-related Acts and subordinate statutes;

1. Article 137 of the Criminal Act applicable to the crime, Article 137 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 10 (2) and Article 55 (1) 6 of the Criminal Act to mitigate mental and physical weakness;

1. Articles 11 and 55 (1) 6 of the Criminal Act to mitigate deaf-mutes;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The latter part of Article 39 (1) of the Criminal Act exempted from punishment (it shall be taken into account the equity between cases where a judgment has been rendered simultaneously with an offense for which judgment has become final and conclusive, as described in the records of a crime in the judgment, and the fact that it is a

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