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(영문) 서울동부지방법원 2020.11.10 2020고단2740
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 one year from the date this judgment becomes final and conclusive.

Reasons

On August 14, 2020, the Defendant was sentenced to imprisonment with prison labor for a violation of the Road Traffic Act at the Seoul Eastern District Court on August 14, 202, and three years of suspension of execution was finalized on August 22, 2020.

Criminal facts

Around 20:30 on January 21, 2020, the Defendant reported that “A” in front of the “C” located in Gwangjin-gu Seoul Special Metropolitan City, was sexual indecent act by the Defendant’s father, but the facts were not found to have been committed by the Defendant’s wife. However, the Defendant was admitted to the Seoul Mine Police Station for the past crime of violation of the Road Traffic Act (driving) and sent a complaint to the police officer on the ground that it was currently under trial, and sent a phone to the 112 Report Center and sent it to the 112 Report Center to the police officer, and reported that “I report the sexual indecent act by the child. I report the fact to the 8th anniversary of having been obstructed. The same shall apply in the foregoing.” The Defendant reported falsely to the police officer of the Seoul Minejin Police Station E (F), G, H, etc. to dispatch seven police officers including the police officer, two patrols, and one police assistant, and had the above police officer take measures to respond to the on-site CCTV inspection, investigation and questioning on the site.

As a result, the Defendant interfered with the legitimate execution of duties concerning the protection of the lives and bodies of police officers by fraudulent means.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F, G, and H;

1. Screenings of CCTV images for crime prevention, CCTV images CDs, and caps;

1. A detailed statement on processing reported cases;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (judicial records, etc.) and statutes;

1. Article 137 of the Criminal Act applicable to the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act for probation and community service order: (a) the Defendant’s commission of investigation power by committing the Defendant is not good; and (b) the Defendant reported about 112 times from May 22, 2019 to May 20, 2020.

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