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(영문) 서울중앙지방법원 2017.08.23 2017고단4846
위계공무집행방해
Text

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

Reasons

Punishment of the crime

On July 5, 2017, at around 02:38:03, the Defendant made a false report to the suicide counseling center in Seoul Special Metropolitan City, Gwanak-gu, and underground 1 to the effect that “I will die by you will return to you,” and let the police officers believed to be true.

From that time until July 6, 2017, the Defendant made a false report seven times in total, as shown in the list of offenses, and had the police officers believed to be true send out the police officers who believed to be true.

As a result, the defendant reported the false contents on seven occasions in total, thereby obstructing the legitimate performance of official duties by police officers on the prevention of crimes and treatment of civil petitions as a deceptive scheme.

Summary of Evidence

1. Statement by the defendant in court;

1. 12. Report processing table;

1. The application of Acts and subordinate statutes to investigation reports (112 report on confirmation of recording files);

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

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. The sentencing criteria [Scope of Recommendation] No person who has the basic area (from August to January, 1) (no person subject to special sentencing] [Application of the sentencing guidelines for multiple crimes] shall be punished by imprisonment with prison labor for August and two years and nine months; and

2. The crime of this case is not good in which the police officer made unnecessary urgent mobilization by making a false report of the emergency details concerning the life of the defendant who was sentenced to a sentence.

The defendant has several times of false reports.

However, the sentencing conditions specified in the pleadings, such as the fact that there is no criminal record exceeding the fine, the health condition is not good, the fact that the defendant's age, sex, family environment, motive and circumstance of the crime, the means and consequence of the crime, and the circumstances after the crime, shall be determined in the same manner as the disposition is comprehensively taken into account.

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