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(영문) 서울서부지방법원 2016.06.08 2015고단1429
위계공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

At around 11:14, May 17, 2015, the Defendant reported a false crime damage to the Defendant’s cell phone (B) in front of the Yongsan-gu Seoul Metropolitan Government National Police Agency 112 reported by the Defendant through a cell phone (B) in front of the Defendant’s bank located in Yongsan-gu, Yongsan-gu, Seoul National Police Agency 112 reported by the Defendant. Although the Defendant had not been stolen, the Defendant reported that he was guilty of the Defendant’s cellular phone (B), the Defendant was not stolen, “Saging the wall on the roadside, going to the southsan, the same was going to the southsansan, the two persons were posted, and two persons were posted in front and rear at the time of signing the two names, and the Defendant did not have face when using the health boar, and the Defendant reported a false crime.”

Accordingly, the police conducted inspections to arrest the 22 patrol vehicles belonging to the Seoul Yongsan Police Station, 2 patrol vehicles belonging to the same police station, 3 patrol vehicles belonging to the Seoul Sungdong Police Station, 2 patrol vehicles belonging to the Seoul Sungdong Police Station, 2 patrol vehicles belonging to the Seoul Jungdong Police Station, and 2 patrol vehicles belonging to the Seoul Southern Police Station for about 30 minutes after urgent mobilization.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the prevention and investigation of crimes by fraudulent means.

Summary of Evidence

1. Some statements made against the defendant during the police interrogation protocol;

1. A report on internal investigation (the confirmation and attachment of the list of reported cases in 112);

1. The application of the 112 Report Processing List, the suspect A 112 Reporting Electric Data Acts and subordinate statutes;

1. The grounds for sentencing under Article 137 of the relevant Act and Article 137 of the Criminal Act regarding criminal facts [the scope of recommendations] The basic area (from August to January to June) of the Act on the obstruction of the performance of official duties (the obstruction of the performance of official duties by fraudulent means) (the decision of sentence] (the decision of sentence] of the Defendant was sentenced to a suspended sentence for 10 months in Seoul Western District Court on March 24, 2015; the Defendant was sentenced to a suspended sentence for 10 months in prison due to a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) at the Seoul Western District Court on April 1, 2015; the judgment became final and conclusive on April 1, 2015; the Defendant committed the instant crime during the suspended sentence period; and the Defendant escaped.

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