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(영문) 서울남부지방법원 2017.04.13 2016고단5827

협박등

Text

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

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

Reasons

Punishment of the crime

On November 17, 2016, around 22:12, 2016, the Defendant: (a) received a report from D that the Defendant, etc. wraped in front of the Seoul Geumcheon-gu Seoul building site; and (b) prevented police officers, such as the Seoul Geumcheon Police Station E District Police Officer F, etc., who called out, from the process of confirming the state of damage; (c) threatened the Defendant with the above F as plastic will.

As a result, the defendant threatened police officers to interfere with the performance of duties by police officers on 112 reporting processing and criminal investigations.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Written statements of D;

1. Application of statutes on site photographs;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] There is no person [the person subject to special sentencing] in the basic area (from June to one year and six months) [the person subject to special sentencing] [the decision of sentence] 8 months of imprisonment, the defendant in two years of suspended sentence threatened the police officer who performed his official duties with the intention of threatening the police officer who performed his duties, thereby threatening the police officer to escape from his duties, and thereby leading the police officer to enter his superior position. The defendant is against the crime of this case as the first offender, and there is a favorable circumstance for the police officer to deposit his money for the purpose of the crime of this case.

It is so decided as per Disposition for the above reasons.