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(영문) 서울서부지방법원 2017.02.16 2016고단4037
위계공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

피고인은 2016. 8. 18. 23:30 경 서울 마포구 마포 트라 팰리스 앞 택시 정류장에서, 콜을 받고 손님을 기다리고 있던 택시에 무작정 올라 타 택시기사 및 콜택시를 부른 손님으로 부터 하차요구를 받았음에도 내리지 않고 버티고 앉아 있다가 위 손님의 112 신고로 마포 경찰서 C 지구대 소속 경찰 공무원인 D이 출동하자 “ 택시기사로부터 폭행을 당하였다.

The video was taken by video.

“A false report.”

On the other hand, the above D demanded the defendant to show the video images, but "I am to the people of this country".

"A person may file a criminal complaint after prosecution" and leave the site by judging that the person refuses to file a report without credibility.

Accordingly, the defendant was not able to achieve his own argument, and the defendant was dissatisfied with the complaint.

Accordingly, the Defendant reported 112 false facts to the effect that “the Defendant was assaulted by a police officer” over 16 times from 23:49 to 01:03 of the same month, such as the list of crimes in the attached Table, and thereby, obstructed the police officer’s duty of the 112 Report Center and the police officer’s patrol duty.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. A 112-case report processing table;

1. Application of Acts and subordinate statutes to a report on investigation (verification of details of a report on harm to a suspect);

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

1. Article 62(1) of the Criminal Act on the Suspension of Execution (Article 62(1) of the Criminal Act provides that the defendant has filed a false report several times to resolve his/her complaint, and considering that the content of the report is not different from that of the malicious and de facto dismissal of police officers, the nature of the crime is uncertain. However, this Court takes into account the circumstances leading to the crime, the background leading up to the crime, the age of the defendant, sexual conduct, environment, health, etc.

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