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(영문) 서울북부지방법원 2018.12.21 2018고단4036
위계공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 12, 2014, the Defendant was sentenced to two years of imprisonment with prison labor and three months of imprisonment with prison labor at Seoul Northern District Court on December 12, 201, and completed the execution of the sentence on February 6, 2017.

On April 19, 2018, from around 05:16 to 09:32 on the same day, the Defendant called the Defendant’s house located in Gangnam-gu Seoul Western-gu Seoul Central Police Agency to the 117 School Violence Report Center affiliated with the Seoul Central Police Agency, and called the Defendant to the 117 School Violence Report Center in lieu of the death penalty for the four-month traffic accident.

Chok filed a false report of disappearance on nine occasions on the ground of the processed person's personal data to the effect that it is while attending the third grade of commercial high schools, and that it is still missing at the new wall. This led to two police officers belonging to the Seoul Southern Police Station's Women Investigation Team, four police officers belonging to the Seoul Southern Police Station's Police Station, and two police officers belonging to the Seoul Central Police Agency's Scientific Investigation Team at around 20:00 on the same day.

Accordingly, the Defendant interfered with the legitimate execution of duties by the police on the protection of the lives, bodies and property of the people by fraudulent means.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement of F and G;

1. Reporting on 117 child education substitute handling results;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (a written judgment on the same criminal records as the suspect, attachment of results of the search of prisoners), investigation report (a confirmation of the facts during the period of repeated offense of the suspect), and

1. Article 137 of the Criminal Act applicable to the facts constituting an offense and Article 137 of the choice of punishment;

1. The defendant is sentenced to a punishment in consideration of a very bad character in that he/she committed the instant crime during the period of repeated crimes of the same kind as the sentencing of Article 35 of the Criminal Act for aggravated repeated crimes, and that police officers have wasteed police power by sending police officers by false reports by the defendant to the scene.

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