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(영문) 수원지방법원 평택지원 2015.11.19 2015고단1500
위계공무집행방해
Text

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

Reasons

Punishment of the crime

[Criminal Power] On May 7, 2014, the Defendant was sentenced to imprisonment with prison labor for a period of one year and six months, and three years of suspension of execution on the ground of special obstruction of performance of official duties at the Suwon District Court members

8. 30. The above decision becomes final and conclusive and is currently suspended.

【Criminal Facts】

On September 30, 2015, around 23:10, the Defendant reported false information to the effect that “the Defendant died in Korea” by phone calls from Pyeongtaek-si C and 401 to 112, and obstructed the police officers’ legitimate performance of duties concerning reporting and crime prevention, etc. by making a false report 36 times in total from around 2015 to October 12, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of E;

1. 112 Report Settlement Table (6.10-9.30, No. 3,7) 112 Report Settlement Table (10.2.), 112 Report Settlement Table (10.2.), 112 Report Report-Related Department Report-Related Department, and 112 Case Handling Table;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

1. Relevant Articles of the Criminal Act and Article 137 of the Criminal Act concerning the crimes;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders [the scope of recommending punishment] The basic area of the obstruction of performance of official duties ( August-1, and June) / [the decision of sentence] the Defendant did not know even having been sentenced to the suspension of execution due to the crime of causing bodily injury resulting from a special obstruction of official duties and committed again the instant crime during the suspension of execution period. Furthermore, the Defendant from around June 10, 2015, which was prior to the instant crime, committed the instant crime.

9. From around 20.20 to around 40 times, the Defendant was informed of the fact that there was a number of criminal records, including the same criminal records, and the Defendant’s age.

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