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(영문) 서울중앙지방법원 2017.05.02 2017고단1411
위계공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On February 21, 2017, at the front of Gwanak-gu in Seoul Special Metropolitan City, the Defendant, under the influence of alcohol, connected the 112 Report Center with the 112 Report Center using a portable phone without any justifiable reason, and connected it to the 112 Integrated Situation Office of Seoul National Police Agency 112, the Defendant filed a false report with the police officer D on the ground that “A person working in the situation where he was working at the seat of the 112 Report Center, who is a police officer belonging to the police officer belonging to the police station in the Seoul Dongjak-gu Seoul Metropolitan Government, reported to the Center three times in total as indicated in the list of crimes,” stating that “A person who was in the situation where he was in contact with his father because he was assaulted by his father in subparagraph 201 of the 201.”

Accordingly, the defendant interfered with legitimate execution of duties concerning the suppression and investigation of the above police officers' crimes and the maintenance of public peace and order by fraudulent means.

around 13:45 February 21, 2017, the method of committing the act of reporting the place of crime by setting up the list of crimes, and children assault their father in the Dongjak-gu Seoul Special Metropolitan City E Apartment-dong 201.

On February 21, 2017, police officers G, H, J, and K have called up, and on February 21, 2017, 〃 13:57 assaulted her father.

On February 1, 2017, when making a false report, G and H sent out to the police officer G and H, 3:03 around February 14:03, 2017.

〃 Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of the Act and subordinate statutes of Part III of the 112 Reporting Case Handling List;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The scope of the recommended punishment in accordance with the sentencing guidelines under Article 62(1) of the Criminal Act [the scope of the recommended punishment] The scope of the punishment [the scope of the recommended punishment] shall interfere with the performance of official duties by means of two types (influence of the performance of official duties by fraudulent means) (4 months to 10 months). [Special mitigated Persons] Violence, intimidation, deceptive scheme, or interference with official duties.

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