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(영문) 청주지방법원 2020.08.20 2019고단2543

특수협박등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. At around 23:30 on October 18, 2019, the Defendant: (a) threatened a victim D(40 years of age) who, under the influence of alcohol, was drinking at a restaurant of “C” located in “Cheongju-si, Cheongju-si; (b) was under the influence of alcohol with two persons working on the side table; (c) brought a heavy food pattern (32 cm in total length, 20 cm in knife length) that was dangerous in the kitchen; and (d) threatened the victim by stating that the victim D(40 years of age) who was drinking together with two persons working on the side table of the B.

2. On October 18, 2019, the obstruction of performance of official duties and the Defendant: (a) was arrested as a flagrant offender in the case of special intimidation under paragraph (1) on the street in front of the restaurant of “C” located in “C” in “Cheongju-si, Cheongju-si,” and was transferred to the E District Office in October 19, 2019; (b) around 00:04 on October 19, 2019; (c) around 02:05 on October 19, 2019, the police officer transferred to the E District Office of the Cheongju-si, Cheongju-dong, and was driven by F in the front seat of the E District to the Cheongju-dong Police Station; and (d) at the same time, the police officer was able to take care of the victim, who was on the back seat of the E District; and (d) at the same time, the victim, who was on the back seat of the E District, was able to take care of the victim.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Each police statement made to D or I;

1. Nero-blade photographs;

1. Photographss to capture a special threat CCTV and to capture the patrol bracks images;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Articles 284, 283(1) of the Criminal Act, Article 136(1) of the Criminal Act, and Article 257(1) of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (the punishment for the crime of obstruction of performance of official duties and the crime of bodily injury shall be imposed more severe) shall be chosen.