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(영문) 제주지방법원 2016.03.30 2016고단264

특수협박등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. A special intimidation: (a) around 12:00 on February 21, 2016, the Defendant listens to the sound of his or her wife and couple fighting in his or her dwelling room; and (b) the victim D, the Defendant’s attached to the Defendant, who heard the sound of his or her wife and couple fighting, refers to the said sound; and (c) he or she holds a excessive amount (21cm in total length, 11cm in length on a day) in his or her kitchen as he or she was scambling with the Defendant, and towards the victim “hump,”

In this regard, the gue was expressed in a large sense that gugue was "brue", and the victim was faced with the flue so that the victim was faced with the flue so that the victim was faced with the flue.

In this respect, the defendant carried a dangerous article and threatened a lineal victim who is in existence.

2. On February 21, 2016, at the above location around 12:25, the Defendant: (a) threatened the Defendant and D at the Jeju East Police Station E District of the Jeju Police Station, which was dispatched after receiving a report from D on 112 on February 21, 2016; (b) threatened F of the defect in order to identify the Defendant as an offender after checking the damage background against D; and (c) took a bath to F of the defect that the Defendant tried to arrest the Defendant as an offender at the present port, “the Defendant shall take a warrant”, and put him on his hand a knife (the total length of 31cm, the knife length of 18cc) on his hand, and put him up F on his hand.

Accordingly, the defendant carried a knife, which is a dangerous object, and received a domestic violence report and interfered with legitimate execution of duties concerning the prevention and investigation of crimes by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F or D;

1. Each statement of G and H;

1. On-site photographs;

1. A criminal investigation report (in cases of dispatch to the scene);

1. Application of the police seizure protocol and list of seizure, knife photographic statutes;

1. Relevant legal provisions and the choice of punishment for a crime: Articles 284, 283 (2) and 283 (1) of the Criminal Act (a point of special intimidation), Articles 144 (1) and 136 (1) of the Criminal Act (a point of obstructing the performance of special official duties) of the Criminal Act; the choice of imprisonment for each crime;

1. Aggravation of concurrent crimes: the former part of Article 37 of the Criminal Act;