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(영문) 서울동부지방법원 2016.11.08 2015고단3797
위계공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

피고인은 사실은 2015. 10. 22. 23:00경 서울 송파구 C에 있는 손수레 대여소인 ‘D’ 탈의실에서 발생한 변사사건의 변사자 E를 살해한 적이 없음에도, 같은 달 31. 14:46경 지하철 9호선 F역에 있는 공중전화를 이용하여 112로 전화를 걸어 “엊그제 G시장에서 사람을 목 졸라 죽였다”라는 허위신고를 하여 서울송파경찰서 H팀 소속 경찰관 3명으로 하여금 위 F역으로 출동하게 하였다.

In addition, the Defendant again made a false statement to the above police officers stating, “I died of a person inside the country. A person who was on the side of the Defendant died of a sweke sweke sweke sweke sweke.” The Defendant had many police officers, including the above police officers investigate, such as on-site investigation, search and investigation, investigation of witness, investigation of witness, search and seizure warrant for autopsy, etc., and obstructed the legitimate performance of duties by the police officers by deceptive means.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Statement of the police officer to I;

1. Application of Acts and subordinate statutes to a report on investigation (the results of autopsy between the State and a local government);

Article 137 (Selection of Imprisonment or Imprisonment)

1. Reasons for the sentencing of Article 62 (1) of the Criminal Act [Scope of Recommendation] Article 62 (1) of the Act on the Suspension of Execution of Official Duties (the decision of sentence shall be made by taking into consideration the favorable circumstances, such as the following: (a) the basic area of obstruction of performance of official duties (eight to one year and six months); (b) no person who has been sentenced to imprisonment for August; (c) the period of suspension of execution (the decision of sentence shall be made by means of obstruction of performance of official duties; (d) the period of punishment for suspension of performance of official duties; (e) the period of punishment for suspension of performance

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