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(영문) 울산지방법원 2016.11.24 2016고단3458
위계공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal power] On August 13, 2015, the Defendant was sentenced to ten months of imprisonment with prison labor for fraud, etc. at the Gwangju District Court, which became final and conclusive on August 17, 2015, and completed the execution of the sentence in the Sejong Prison on March 19, 2016.

【Criminal Facts】

1. On June 14, 2016, the Defendant called on June 14, 2016 from Ulsan-gu AC to the reporting center at around 23:17, on a mobile phone, and reported to the reporting center at around 112, “AE singing in AD, which would have been confined by all women’s relatives. The same would be applicable if a singing door was opened.” While the two police officers belonging to the Ulsan-gu Police Station AF Zone at the Ulsan-gu Police Station at the port were dispatched to the site, the Defendant reported that the criminal case was being committed on the day when the Defendant had threatened the business owner of the singing room with a knife and was committed to verify the criminal records while the criminal case was underway and the criminal records were committed.

Accordingly, the defendant interfered with legitimate execution of duties concerning the suppression, investigation, and maintenance of order of the police by fraudulent means.

2. On July 1, 2016, the Defendant reported two times on July 1, 2016, at a restaurant located in 98-1, Nam-gu, Ulsan-gu, Ulsan-gu, 19:09, via a cell phone, at the 112 reported center via a cell phone, the Defendant reported “accident............ inside and outside of the inside, she will cause an accident.” While two police officers belonging to AF district unit in the Ulsan-gu Police Station, Ulsan-gu, U.S., and reported two times on two occasions, it was true that the Defendant was under the influence of alcohol, without any particular reason.

Accordingly, the defendant interfered with legitimate execution of duties concerning the suppression, investigation, and maintenance of order of the police by fraudulent means.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to AG and AH;

1. A written statement of AI;

1. 112 reported case handling lists, 112 reported sound recording files; and

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (report on confirmation of repeated crimes);

1. Article 137 of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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