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(영문) 의정부지방법원 2016.01.12 2015고단1587
위계공무집행방해
Text

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

Costs of lawsuit shall be borne by the defendant.

Reasons

Punishment of the crime

On 18. 05:39 on 18. 104. 05. 05:39, the Defendant called the 1112 reported center without any special reason despite the absence of a woman being raped.

"A false report was made to the effect that 10 police officers, including three patrols in the nearby police station, were dispatched to the scene.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Application of Acts and subordinate statutes to investigation reports (in relation to the attachment of 112 mobilization records and forwarding documents);

1. Relevant Article 137 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 186(1) of the Criminal Procedure Act bearing Costs of Litigation [The defendant denies the crime of this case, but according to the contents of each legal statement of E police officers and F, a restaurant operator, sent to the site at the time, and the records of dispatch 112, the defendant's 112 report at the time of crime is obvious that it is a false report, and the crime of this case is all found guilty.]

The reason for sentencing [Scope of Recommendation] There is no person who has been punished several times on the ground of false report to police officers in the basic area (from August to June) (the act of interfering with the execution of fraudulent means's official duties) (the decision of sentencing) [the decision of sentencing] [the defendant has already been punished several times on the ground of false report to police officers.

Nevertheless, as the defendant has made a false report repeatedly, the nature of the crime is inferior, and due to the defendant's act, a lot of cases have brought about a waste of public authority.

B. Although the defendant denies the crime of this case and did not reflect, it is judged that the sentence of the defendant is inevitable.

In addition, due to the unfolding attitude of one defendant, police officers etc. attend the court as a witness and give testimony.

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