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(영문) 서울북부지방법원 2016.09.29 2016고단2792
위계공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 23, 2016, around 23:48, the Defendant called from the reporting center at around 74:45, to the reporting center at around 112, the name obscure in the B market located in Jung-gu Seoul, Jung-gu, Seoul, 2016, and “The CCTV has been reported as a mobile phone, and the same shall apply to the CCTV C and 202.

It reported falsely that he/she has been a person who is aware of it, so that six police officers, such as D, and three patrols, who are believed to be the fact of the report, were dispatched to the site immediately.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the prevention, suppression and investigation of crimes through fraudulent means.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation report (the list of reported cases) (the list of reported cases) and the application of the Acts and subordinate statutes governing the handling of reported cases, respectively;

1. Article 137 of the Criminal Act applicable to the facts constituting an offense and Article 137 of the choice of punishment;

1. The criteria for sentencing for the reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommendations] The sentence shall be set as the order after comprehensively taking into account the following circumstances following the decision of sentence for the basic area (from August to January 6), and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, and the lower limit of the recommended sentence.

- The recognition and reflection of the crime, and the degree of interference with the execution of official duties, are relatively weak, because of damage to public goods, etc., and two times of suspended sentence for crimes;

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