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(영문) 서울서부지방법원 2014.08.20 2014고단1751
위계공무집행방해
Text

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 June 1, 2014, at around 19:30, the Defendant called the Defendant’s cell phone (D) near the location of the corner base station in Eunpyeong-gu Seoul Metropolitan Police Agency 112 Integrated Control Center, and reported that the 112 Overall Control Center E has been in Gangwon-do to contact the Defendant and to confirm the reported contents immediately after making a telephone to the Defendant’s cell phone (D).

At around 19:37 of the same day, the Defendant continued to call at the general situation room of the Seoul Metropolitan Police Agency 112 on the same place, and reported falsely, as if a espionage voluntarily surrenders, and sent the police officer to a water light park in Eunpyeong-gu for about 20 minutes.

Accordingly, the defendant, as a deceptive scheme, interfered with legitimate execution of duties by 20 police officers such as slope G belonging to the Seoul Bupyeong Police Station.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Notification of departments related to 112 cases, detailed statement of handling reports 112 cases, report on the results of handling reports 112 cases, and report on the situation;

1. Three copies of a reply to a request for cooperation in investigation and a detailed statement on handling a reported case;

1. Application of Acts and subordinate statutes of 66 to 112 reported data replies, and detailed statements processing 112 reported data;

1. Article 137 of the Criminal Act applicable to the crimes;

1. Article 62 (1) of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Probation Criminal Act is committed on the grounds of false report to the 112 Reporting Center, thereby causing damage to the police officers’ waste of public power and the people’s damage that actually requires assistance from timely assistance. It is not good to form a crime. The Defendant filed a false report on the possession of explosives at the Seoul Central District Court on August 27, 2012.

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