2016 Highest 2597 Performance of Official Duties by Fraudulent Means

A person shall be appointed.

Yeongdeungpo-gu Seoul Metropolitan Government

Gangseo-gu Seoul basic domicile

Park Jong-Gyeong (Public Prosecution) (Public Trial) and Lee Jong-hun (Public Trial)

August 24, 2016

A defendant shall be punished by imprisonment for not more than four months.

except that the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

To order the defendant to be put on probation.

Criminal History Office

On March 14, 2016: (a) the Defendant was arrested of a flagrant offender for special intimidation with the Seoul Guro Police Station on the grounds that he threatened B on March 14, 2016, and was released at around 15:0 on the same day on the same day on the grounds that he/she threatened B, which was at around 50:0, the Defendant was willing to report the dissatisfaction to the police officer, etc. as if he/she had committed suicide.

At around 16:42 of the same day, the Defendant was drunk in Guro-gu Seoul Metropolitan City, CD Doro, 306, and did not think of suicide with the police's complaint to investigate the police, but filed a false report with the 112 reporting center using the mobile phone of the Defendant in his possession, stating that "the Defendant will be imprisoned, E and die."

Accordingly, the Defendant had the 112 Reporting Center mistake as an emergency exit situation, and the Defendant F officer of the police station belonging to the Seoul Guro Police Station 3 Police Station via tracking the location of the Defendant’s cell phone dispatch base station;

The police officers, including the police officer F, interfered with the legitimate execution of duties concerning crime prevention, suppression, and investigation by fraudulent means, such as having the police officer G and patrol officers attend the dwelling of the defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. 112 Reporting List (20 pages of investigation records);

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 137 (Selection of Imprisonment with Labor)

1. Suspension of execution;

Article 62(1) of the Criminal Act

1. Probation;

Article 62-2 of the Criminal Act

1. The grounds for sentencing: Imprisonment with prison labor for one month to five years;

2. Scope of recommended sentences according to the sentencing criteria;

[Determination of Type] The obstruction of Performance of Official Duties Act

【No Special Convicted Person】

[The scope of recommendations and recommendations] Basic Area, Imprisonment of eight months to one year and six months;

3. Grounds for suspension of execution;

【No Main Reference Grounds】

[General Reference Grounds] positive: Serious reflect

4. Determination of sentence;

The Defendant issued a summary order by filing a false report not only on the day of the instant crime but also on the preceding day. The instant crime was committed by the Defendant who received a police investigation, and thus, the motive of the crime is not good, the Defendant’s false report may interfere with police’s duties, but also may not affect the length of the loss at the place necessary for the assistance of the police, and the Defendant has a record of criminal punishment several times prior to the crime. In light of the fact that the instant crime was committed by the Defendant, the nature of the crime is not easy.

However, even though the defendant had previously worked as a police officer, he is trying to take the mental and physical therapy in order to treat alcohol addiction and stimulative disorder, etc. while closely reflecting the fact that the defendant had previously served as a police officer, and is now working as a basic living recipient, the current economic situation is good, but it is still being continued in the future, and it has been repeated as a normal social person while living in the future, and considering the sentencing conditions in records and arguments, the sentence below the lower limit of the sentencing criteria shall be suspended and its execution shall be suspended, and probation shall be ordered in order to prevent recidivism. It is so decided as per Disposition by the court below.

Judges Dominl