A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 27, 2014, at around 12:25, the Defendant filed a false report on five occasions from around 01:20 to around 16:47 of the same day, including the false report from the 3rd floor of the Dondo, the 119th cell phone to the 119th floor of the Dondo, Sinsan-si, to the effect that “the front explosion accident in front of the Dondo Sejong-si in the 2nd half of the 2nd century,” and accordingly, several police officers belonging to the Seoul Seoul Metropolitan Police Agency took measures such as evacuation of the controlled visitors to explosives in the third floor and its vicinity in Jongno-gu, Seoul Metropolitan City.

In this way, the defendant interfered with the legitimate execution of official duties by fraudulent means.

Summary of Evidence

1. Defendant's legal statement;

1. 12 reported case handling table, respectively;

1. Reports on internal investigation and investigation reports by the police (the No. 13, 22 of the evidence list);

1. The defense counsel’s assertion on the digital evidence analysis report argues to the effect that the defendant was in a mental and physical state under the influence of alcohol at the time of committing the instant crime. However, in light of the background leading up to the instant crime, the means and method of committing the instant crime, and the circumstances after committing the instant crime, the defendant did not have the ability to discern things or make decisions by under the influence of alcohol at the time

Since it is difficult to see that such assertion was in a state or weak condition, it shall not be accepted.

Application of Statutes

1. Article 137 of the Criminal Act and the choice of punishment comprehensively with respect to the facts constituting an offense, Article 137 of the Criminal Act;

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

1. The reason for sentencing of Article 62-2 of the Criminal Act on Probation and Social Service Order [Punishment] - Type 2 of the obstruction of performance of official duties, - Basic Field of the obstruction of performance of deceptive means (territory and scope of recommended punishment] - the elements of mitigation of imprisonment from August to June [general person] - None of criminal punishment (decision of sentence] 1 year suspension of execution of one year, 20 hours of probation service, 120 hours, and the above sentencing factors.