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(영문) 의정부지방법원 2018.09.13 2018고단3357
위계공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 26, 2018, the Defendant called the 112 Reporting Center to the 112 Report Center although there is no person who has died or has been injured at the c main points located in Gyeonggi-gun B, Gyeonggi-do on June 26, 2018.

One of the peties died.

"A false report was made and sent to the reported place by E, etc., who is a police officer belonging to the Do Police Station."

Accordingly, the defendant interfered with police officers' performance of duties concerning the prevention and investigation of crimes by fraudulent means.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. A report on internal investigation:

1. 112 Application of Acts and subordinate statutes to the details of handling reported cases;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In light of various circumstances, such as the circumstance leading up to a crime recognized by evidence duly adopted and investigated by the court, the method and method of the crime, and the defendant’s behavior before and after the crime, determination of the mental disorder of the defendant under Article 62-2 of the Criminal Act on the observation of protection and observation, it is not deemed that the defendant did not have or lacks the ability to discern things at the time of the crime.

Reasons for sentencing

1. One month to five years from the date of imprisonment with prison labor within the applicable sentencing range by law; and

2. The scope of the recommended punishment on the sentencing criteria [the types of decisions] the scope of the punishment [the scope of the recommended punishment] shall be 4 months to 10 months, and 10 months, where the degree of violence, intimidation, deceptive scheme, or interference with public duties is minor.

3. Determination of sentence: (a) the content and consequence of the instant crime; and (b) the accused’s criminal records; and (c) the liability for such crime is not easy;

However, the defendant shows his attitude to see and reflect his mistake.

Social ties are clear.

In addition, the age, sex, environment, and age of the defendant;

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