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(영문) 광주지방법원 목포지원 2016.08.26 2015고단548
위계공무집행방해
Text

A defendant shall be punished by imprisonment for not more than ten 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 January 2, 2015, Defendant 548 reported that he/she drinks alcoholic beverage 705 rooms in C on January 2, 2015, Defendant 2015, and that he/she falsely reported that he/she would spawn off the 112 Reporting Center using his/her handphones by sending text messages to the Reporting Center of the Korean National Police Agency 112.

The Defendant sent to the scene 43 police officers, including the Chief E of the relevant police station, and police special police officers of the Southern Local Police Agency, due to such false reports, and searched a bus terminal, passenger ship terminal, passenger ship terminal, etc. for about one hour from around 17:40 of the same day.

As a result, the defendant interfered with legitimate execution of duties such as on-site mobilization and investigation for the suppression of explosives crimes by deceptive means.

2. Around August 28, 2015, Defendant 1580 sent a text message stating that “the 112 reported center appears to explosion a military mountain station or explosion a military mountain station in the military mountain,” on a nearby a sea F-ship near the area of the Southern-gun, Chungcheongnam-gun, Seoul, by using his handphone on August 28, 2015.

The defendant sent 32 persons, including police officers, soldiers, and other members of the 112 armed forces, to the scene due to such false reports and ordered them to evacuate citizens and search explosives.

As a result, the defendant interfered with legitimate execution of duties of police officers' on-site mobilization, suppression and investigation of explosives crimes through fraudulent means.

Summary of Evidence

[2015 Highest 548]

1. Statement by the defendant in court;

1. Records of seizure, records of 112 reported case handling, records of 112 reported case handling, and records of 112 work for other shooting units (2015 high group 1580);

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to the 112 Report List);

1. Relevant Articles of the Criminal Act and Article 137 of the Criminal Act concerning the facts constituting a crime;

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. Article 62-2 of the Criminal Act on the observation of protection;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Application of the sentencing criteria [types].

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