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A defendant shall be punished by imprisonment for six months.
However, 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
On December 5, 2013, at around 11:38, the Defendant called to the center for 112 reporting mobile phones near Jongno-gu Seoul, Jongno-gu, and reported to the effect that “I will lend money to his/her father-gu, but will not pay the money after 24 days, you will die.” The Defendant sent to the center for 112 reporting mobile phones around Jongno-gu, Jongno-gu, Seoul, and sent to the center for 5 police officers belonging to the 112 general situation room belonging to C, including three police officers and D, and the number of police officers belonging to the 1112 police station department belonging to the 112 police station, including C, to identify the whereabouts of the Defendant for 6 hours from around 18:00 on the same day, and sent to the scene for patrol and search.
As a result, the defendant interfered with the legitimate performance of duties by police officers on crime prevention and civil petition treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of the accused by prosecution;
1. A written statement of C and D;
1. List of reported cases;
1. Application of Acts and subordinate statutes to investigation reports (Evidence Records 2-8 pages);
1. Relevant Article 137 of the Criminal Act and the choice of punishment for the crime (the point of obstruction of performance of official duties by fraudulent means and the choice of imprisonment);
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing of Article 62-2 of the Probation Criminal Act [Scope of Recommendation] is the case where the degree of assault, intimidation, and deceptive scheme (special mitigation) is minor in the area of mitigation (4 to 10 months) of obstruction of performance of official duties (special mitigation) (see, e.g., Supreme Court Decision 201Da1448, Apr. 2, 201). It is decided as per Disposition for the above reasons.