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(영문) 청주지방법원 2017.08.23 2017고단1418
위계공무집행방해
Text

A defendant shall be punished by imprisonment for one year.

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

(b) the defendant;

Reasons

Punishment of the crime

The Defendant, while operating the “D” in the Cheongju-si, Young-si, the fire that occurred around January 27, 2015, was destroyed by the said “D” building, but the cause of the fire was not revealed, and the fire station in the Seocho-gu, which investigated the cause of the fire was unable to properly investigate the cause of the fire. As such, the Defendant was aware that the fire station in the Cheongju-si, who investigated the cause of the fire was unable to accurately investigate the cause of the fire, and was willing to interfere with his duties by putting a false report call,

On December 19, 2016, around 18:42, the Defendant 119 centered on the 1119 center located on the south of west-gu, Cheongju-si on December 19, 2016, even though there was no emergency, such as putting in wild boars, the Defendant was put in wild boar pigs.

“A false report was made to the effect that 4 members of the fire station including E belonging to the Seodaemun Fire Station, which believed the above report to be true, and 4 members of the fire station including E, who called the fire station of the Cheongju District, were searched about 46 minutes since they did not speak about the exact location.

Accordingly, the defendant interfered with the legitimate execution of duties of the above public officials on the suppression of fire, response to natural disasters and rescue activities in emergencies by deceptive means.

The Defendant interfered with the legitimate performance of duties of a fire officer by deceptive means, such as the list of crimes in attached Form 1, from March 19, 2016 to May 10, 2017, including that the Defendant interfered with the legitimate performance of duties of a public official by deceptive means.

Summary of Evidence

Application of Acts and subordinate statutes governing communication confirmation data, such as fire cases of the police statements made by the defendant against F, G and H, false materials for reporting 119, and data for analysis of monetary records, etc.

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

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

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

4. Reasons for sentencing in Article 62-2 of the Criminal Act for the observation of protection and observation [the scope of recommended punishment] shall interfere with the execution of official duties.

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