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(영문) 서울북부지방법원 2019.10.17 2019고단2604
위계공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

Criminal facts

On February 25, 2019, at around 04:35, the Defendant filed a false report on the following: “A person was killed unless he/she had kills another person by telephone from the Defendant’s cell phone at the 112 Reporting Center, the mobile phone of the Defendant,” and “A person who died of knife. knife. knife. knife knife knife knife knife knife. h.

The police officer of the 112 Report Center who believed the above report to be true was called to the Seoul Dongdaemun Police Station. From around that time to around 04:50, 7 police officers belonging to the Dongdaemun Police Station in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, and 17 police officers belonging to the Dongdaemun Police Station, 3 police officers belonging to the strong department, 7 fire officers belonging to the Seoul Dongdaemun Fire Station, and 7 fire officers belonging to the Seoul Dongdaemun Fire Station were searched.

Accordingly, the defendant interfered with the legitimate execution of duties by public officials in relation to the prevention and suppression of crimes and emergency medical services through fraudulent means.

Summary of Evidence

1. Defendant's legal statement;

1. A report on investigation;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

1. Article 137 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

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

1. The Defendant committed the instant crime even before the reason for sentencing under Article 62-2 of the Criminal Act, even though he/she filed several false reports in the state of being placed in prison and was transferred to summary judgment or received guidance at the site, even though he/she was subject to such false reports.

The degree of deceptive scheme is not less severe, but considerable investigative resources have been wasted due to the defendant's false report.

However, the execution of punishment shall be suspended in consideration of the fact that the defendant's mistake and reflects, the living environment, family relationship, etc. of the defendant, but probation and community service shall be ordered to prevent recidivism, and the punishment shall be determined as ordered by the order.

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