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(영문) 수원지방법원 2019.09.05 2019고단3477
위계공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On October 31, 2018, the Defendant sentenced two months to imprisonment with prison labor for assault at Suwon District Court on December 31, 2018, and completed the execution of the sentence at Suwon Detention House on December 30, 2018.

On April 8, 2019, at around 18:55, the Defendant made a false report to the effect that “the Defendant is engaged in knife” in Suwon-gu B and 112, which is one’s own residence, by putting a phone at the knife”, and obstructed police officers’ performance of official duties concerning the handling of the 112 reported cases, by making a false report at least four times on April 12, 2019 through the same method as indicated in the attached list, at least four times, from that time by making a false report at least 112 as indicated in the attached list.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report, 112 reported case list and photograph;

1. Previous convictions: Application of Acts and subordinate statutes to criminal records and investigation reports (verification during the repeated period);

1. Article 137 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 35 of the Criminal Act among repeated 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] When the area of mitigation (4 to 10 months of imprisonment with prison labor) for the obstruction of performance of official duties is minor (the decision of sentence] in a case where the degree of obstruction of official duties is minor (the decision of sentence] in the crime of this case is that the defendant wasted investigative resources by false reporting, and is a repeated crime.

In 2014, it has been sentenced to a suspended sentence of imprisonment for the same crime.

However, considering the degree of deceptive scheme or obstruction of public duty, the fact that the defendant is against the wrong, and other factors in sentencing as shown in the arguments, the punishment shall be determined as per the order.

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