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(영문) 서울남부지방법원 2018.08.22 2017고단6360
위계공무집행방해
Text

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

However, the execution of a sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 14, 2017, around 19:16, the Defendant reported a false report to the effect that he was holding a cell phone in front of the D convenience store located in Gangseo-gu Seoul Metropolitan Government, and “intimid the death of convenience store owner,” and made the police officer F and G sent to the Seoul Gangnam Police Station E District on the same day at around 19:21 on the same day.

In addition, as indicated in the attached list of crimes, the Defendant filed a false report three times from around that time to September 20:58, 2017, and accordingly, the police officers called out.

As such, the Defendant interfered with the legitimate execution of duties concerning the prevention, investigation, maintenance of order, etc. of crimes against H and 11 police officers by deceptive means.

Summary of Evidence

1. Statement by the defendant in court;

1. 112 A list of reported cases;

1. A statement on details of preparation of the F;

1. Application of Acts and subordinate statutes on police statements made to I;

1. Article 137 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (only between crimes against police officers who handle the sequences, such as the list of crimes in annexed hereto);

1. Selection of imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act on the grounds that there is no history of criminal punishment except for the punishment imposed on the defendant once in 200

1. Article 44-2 (1), subparagraph 2 of Article 2-3, and the main sentence of Article 44-2 (2) and the main sentence of Article 44-2 (3) of the Act on the Observation, Treatment, Care, etc. of Medical Treatment and Protection;

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