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(영문) 서울남부지방법원 2016.08.24 2016고단2597
위계공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On March 14, 2016, the Defendant arrested a flagrant offender as a special intimidation with the Seoul police station-type apology and was released at around 15:00 on the same day on the grounds that he threatened B, around 08:50 on March 14, 2016, and reported the complaint to the police officer, etc. by falsely reporting as if he had committed suicide.

Around 16:42 on the same day, the Defendant filed a false report stating that “I will imprison, with a knife, die, and thrown away” using the Defendant’s mobile phone that was in possession, even though he did not think of the police investigation and suicide.

As a result, the Defendant had the 112 Reporting Center mistake as an emergency mobilization situation, and interfered with legitimate execution of duties by police officers, including the above security F, security guards, G, and patrolmen, etc., including the above security F, etc., through a deceptive scheme, such as having the police officer F, security guards, and patrolmen called into the Defendant’s residence through tracking the location of the station where the Defendant’s cell phone was sent to the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. Application of Acts and subordinate statutes of the 112 Reporting Case List (20 pages of investigation records);

1. Article 137 of the Criminal Act applicable to the facts constituting an offense and Article 137 of the choice of punishment;

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 scope of applicable sentences under law: Imprisonment for one month to five years; and

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] that does not interfere with the execution of public duties by deceptive means [the scope of the recommended punishment], the basic area of the recommendation [the scope of the recommended punishment], the scope of the punishment from August to June of the year and June.

3. There is no reason for the suspension of execution [main reason for the suspension of execution] (general reason for the suspension of execution] positive: Serious reflection.

4. The Defendant was sentenced to sentence on the day of the instant crime.

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