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(영문) 의정부지방법원 고양지원 2015.12.16 2015고단3068
위계공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] The Defendant was sentenced to a suspended sentence of two years on September 24, 2015 to six months after he/she was sentenced to a suspended sentence of two years in accordance with the crime of interference with business at the Goyang Branch of the Jung-gu District Court on September 24, 2015, and the said judgment became final and conclusive

【Criminal Facts】

1. On September 16, 2015, the Defendant made a false report to the 112 Reporting Center that he/she would commit suicide on the front of B/S on the roads prior to the P/S. on September 16, 2015, and had a slope C belonging to the P/S police station that believed that he/she would commit suicide appear on the 112 Reporting Center despite the absence of an intent to commit suicide, thereby hindering the police officer’s legitimate execution of duties concerning crime prevention, civil

2. On September 16, 2015, the Defendant made a false report to the 112 reporting center that he/she would commit suicide on the front of B/S on the roads prior to the P/S. on September 16, 2015, and let a slope C belonging to the P/S police station that believed that he/she would commit suicide attend the said site as a truth, thereby hindering the police officer’s legitimate performance of duties concerning crime prevention, civil petition treatment, etc. through deceptive scheme.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of departments related to the reporting of 112 Incident and photographs of the details of 112 reported;

1. Before judgment: Application of Acts and subordinate statutes to the defendant's legal statement, inquiry report, investigation report (Attachment of judgment);

1. Article 137 of the Criminal Act concerning the facts constituting the crime;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62(1) of the Criminal Act provides that a sentence shall be imposed in consideration of the circumstances where a judgment may have become final and conclusive simultaneously with the crime for which a judgment became final and conclusive, as it appears that the Defendant’s health status was partly affected by the crime of this case, and that the Defendant would not repeat the crime of this case.

order for any reason above.

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