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(영문) 수원지방법원 안산지원 2016.08.11 2016고단1946
위계공무집행방해
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 29, 2016, from around 03:35 to around 10:11, the Defendant would wish to commit suicide in the state of being drunk in front of 508 apartment complexes, 5 Jeju-ro 8, 143, as it was Sinsi-si, Singu, Sinri-si.

“The 112 report made four times more than 112, and had a policeman D, etc., belonging to the Gyeonggi Si Police Station, dispatched to the said site, but at the time of fact, the Defendant did not have attempted to commit suicide, and the Defendant was merely made a false report for the purpose of sending the police officer to the site without any reason under the influence of alcohol.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the prevention of crimes and the maintenance of order by fraudulent means.

2. On June 12, 2016, the Defendant reported to G et al. belonging to the Gyeonggi Si Police Station by requesting a police officer, etc. belonging to the Gyeonggi Si Police Station to dispatch his/her name to the site on the following occasions: (a) the Defendant was not in an emergency situation at the time of the Gyeonggi Si Police Station at around 14:35 on June 12, 2016; and (b) the Defendant filed a false report for the purpose of sending the police officer to the site without any justifiable reason under the influence of alcohol.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the prevention of crimes and the maintenance of order by fraudulent means.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of departments related to the report of 112 cases, details of 112 reports, and application of each statute stated in the report processing table of 112 cases;

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

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. Order to attend a lecture and order to attend a lecture to advise the reasons for sentencing Article 62-2 of the Criminal Code of the community service order to interfere with the execution of public duties in the 1st category (Interference with the execution of public duties by deceptive means) of Article 62-2 (Interference with the performance of public duties by deceptive means) of the mitigated area (4 months to 10 months), and Article 2 of the mitigated area (Interference with the performance of public duties by deceptive means) of Article 62-2.

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