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(영문) 서울북부지방법원 2017.03.16 2016고단4801
위계공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight 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

On August 10, 2016, around 07:56, the Defendant made a call to report a crime to 112 by a mobile phone under the influence of alcohol in the Defendant’s residence located in Jung-gu Seoul Metropolitan Government, and the Defendant did not have sexual assault, despite the absence of the fact that the Defendant had sexual assault, “The Defendant is about to have sexual assault and escape.”

“A false statement to the purport that “ 3 patrol vehicles, such as police officers E and F, belonging to the Seoul Southern Police Station D District Police Station, and criminal police squad vehicles were dispatched to the site.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on criminal investigation through fraudulent means.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Report on the offender's domicile and internal investigation;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

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 suspended execution;

1. Reasons for the sentencing of Article 62-2 of the Criminal Act [the scope of the recommended sentence] There is no basic area (from August to January 6) (the person subject to special sentencing) [the sentence] of the two types of crimes (Interference with the performance of official duties by fraudulent means) [the sentence] of the above case, the crime of this case may cause the waste of police forces and may cause a situation in which people who are actually in need of assistance could not receive timely assistance from the public. It is not good that the crime of this case may not be committed.

Furthermore, even before the instant case, the Defendant made a 112 report on the ground that he was subject to intimidation by telephone.

However, the defendant recognized the facts of the crime of this case and reflects them, and the defendant has no special criminal records other than once, etc. shall be sentenced to punishment as ordered only once in consideration of the favorable circumstances, such as the age, sex, environment, health, etc. of the defendant.

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