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(영문) 광주지방법원 순천지원 2018.01.18 2017고단1468
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

1. On March 27, 2017, the Defendant committed the crime of March 27, 2017, at the Defendant’s house located in C C 303, around 22:42, on March 27, 2017, the phone was cut off by phone called 112 to E working in the former Local Police Agency 112, even though there was no clear and obvious fact that the employees of the D emergency department would be arrested.”

2. On March 28, 2017, the Defendant committed the crime: (a) around 22:19, on March 28, 2017, at the place indicated in the above paragraph (1); (b) on fact, at the G singing room located in F, the Defendant called 112 to the police officer who served in the former Korean National Police Agency 112 integrated situation room in which he/she was called H by phone called 112; and (c) on the part of the police officer working in the former Korean National Police Agency 112; and (d) called H, “I was sold in the G singing room located in F for a year, and was called I, a police officer of the National Police Station, who was under his/her jurisdiction.”

Accordingly, the Defendant interfered with the receipt of 112 reports by police officers and legitimate execution of duties on dispatch to the site through a deceptive scheme twice in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to J;

1. Each statement of H and K;

1. Police seizure records and list of seizure;

1. Investigation report (as to the attachment of the 112 Report List)

1. A record of investigation report (as to attachment of a voice file reported, 112), recording;

1. Application of Acts and subordinate statutes to a report on investigation (limited to attachment, such as a list of crimes at the scene);

1. Article 137 of the Criminal Act applicable to the facts constituting the crime and Article 137 of the Selection of Punishment (Generally, Selection of Punishment of Imprisonment);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act and Article 44-2 of the Medical Treatment, Care, Custody, etc. Act to observe the protection and order for medical treatment;

1. On July 26, 2013, the Defendant, on the grounds of sentencing under Article 48(1)1 of the Confiscation Criminal Act, phone called by the Defendant at the Daegu District Court to 7,429 integrated situation rooms of the 112 National Police Agency of the Gyeongbuk District Police Agency on July 26, 2013, led the Defendant to repeatedly reach the language that arouses fear or apprehension, such as abusive language.

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