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(영문) 춘천지방법원 속초지원 2015.08.12 2015고단230
위계공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal Power] On March 19, 2014, the Defendant was sentenced to a suspended sentence of two years in August, 201 to imprisonment with prison labor for an existing building or a preliminary fire prevention in the Seocho District Court’s Seocho Branch.

【Criminal Facts】

On January 19, 2015, the Defendant sent a phone to the 119 situation room of the Gangwon-do fire headquarters in the Defendant’s residence located in Seocho-si, Seocho-si, 2015, and reported it falsely to the 119 situation room of the fire headquarters of Gangwon-do. The Defendant reported it four times by not later than 19:35 on the same day as indicated in the attached crime log table, and had 30 fire officers who believe it to be true dispatch the 8 fire-fighting vehicles at the above place.

Accordingly, the defendant interfered with the legitimate execution of duties of fire officials on the handling of fire reporting cases by fraudulent means.

Summary of Evidence

1. Defendant's legal statement;

1. Report on internal investigation (Attachment to the 119 Report Processing List), and report on internal investigation (applicable to the details of past report of the suspected suspect);

1. Each investigation report, - the status of receipt of the report, record files CDs, and the application of the statute of the sending order;

1. Article 137 of the relevant Article of the Criminal Code for the crime of this case, the reason for sentencing of sentence of imprisonment [Scope of Recommendation] 2 types of obstruction of the performance of official duties [No person who has been sentenced to a punishment for obstruction of performance of official duties] 【No person who has been sentenced to a punishment for obstruction of performance of official duties] 【No person who has been sentenced to a punishment for suspension of performance of official duties · The crime of this case is committed over a short period of time, and thus fire officers, etc. were dispatched once, and when imprisonment is finalized in this case, the crime of this case is disadvantageous to the effect of suspension of execution: The crime of this case was not a simple single crime, but a false report was made several times in the same number as before (the crime of this case is subject to a disposition of a fine for negligence under the Framework Act on Fire Services). The defendant was sentenced to a fine for obstruction of official duties and a suspended sentence for suspension of execution as a crime of obstruction of official duties.

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