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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
Around 00:08 on March 31, 2020, the Defendant filed a false report to the effect that “C” located in Nam-gu B at the port, namely, “C,” with the victim D, the owner of the said main place of business, such as drinking alcohol, singing order, etc. Around 00:08, the Defendant made a dispute with the victim D, who is the owner of the said main place of business. The Defendant called “C” and called “C” with the intent to interfere with the victim’s business, and the Defendant called “C” by phoneing 112 for the purpose of interfering with the victim’s business. There are many visitors. The Defendant made a false report to the effect that “C,” from around 00:17 to 01:24 on the same day, from around 19:19 to 19:3 of the Efire 19 first aid center, and from the south Police Station of the Korean Police Station, 19:2 of the said passenger quarantine service to visit the said passenger quarantine business through a deceptive scheme, etc.
Summary of Evidence
1. Partial statement of the defendant;
1. Each police interrogation protocol against the accused;
1. The police statement concerning G;
1. Each statement of H and D;
1. Report on the occurrence of a person suspected of violating the Punishment of Minor Offenses Act (Interference with and false report), and a list of reported cases handled;
1. Application of the Acts and subordinate statutes for investigation reporting;
1. The point of obstruction of performance of official duties by fraudulent means as to the crime concerned: Articles 314 (1) and 313 of the Criminal Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing of Article 62-2 of the Criminal Act on probation and community service order is that the degree of obstruction of performance of official duties and the degree of obstruction of official duties due to the instant crime is grave, and that the obstruction of official duties has not been recovered, and the motive for the instant crime.