Cases
2015 Highest 1346 Performance of Official Duties by Fraudulent Means
Defendant
○○ (1984years) (1984), Company Board
Prosecutor
Park Jong-chul (Public prosecution) and Park Jong-hee (public trial)
Defense Counsel
Attorney Jeon Chang-chul, Scarmo
Imposition of Judgment
November 11, 2015
Text
A defendant shall be punished by imprisonment for six months.
Reasons
Criminal History / Criminal Justice
On December 20, 2013, the Defendant was sentenced to six months of imprisonment with prison labor for larceny, etc. in Youngcheon District Court Youngcheon District Court Young-gu, and on April 15, 2014, the Defendant completed the execution of the sentence in a female prison.
Criminal facts
On September 19, 2015, at around 01:43, the Defendant reported the 1112 person under influence on the roadside in the vicinity of the Defendant’s residence in Jeju, but the police officer thought that the Defendant was making a late mobilization, making a false report to the police officer on the 112-day mobile phone called “I am dead, I am dead.” On the same day, at around 01:44 on the same day, the Defendant again reported that “I am dead, I am dead, I am dead, I am dead.” On the same day, at around 01:46 again reported that “I am dead, I am dead, I am dead, I am dead.” The Defendant interfered with the Defendant’s legitimate execution of duties as a criminal investigation and suppression of police officers.
Summary of Evidence
Omission
Application of Statutes
1. Relevant Articles of the Criminal Act and the choice of punishment for the crime: Article 137 of the Criminal Act and the choice of imprisonment;
1. Aggravation of repeated crimes: It is decided as per Disposition for the reasons under Article 35 of the Criminal Act;
The grounds for sentencing (within the scope of the sentencing guidelines) the area of reduction of the obstruction of performance of official duties by fraudulent means: Where the degree of fraudulent means is minor:
Unfavorable Conditions: Cumulative Offense
Judges
Degree of judge