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(영문) 제주지방법원 2015.10.22 2015고단920

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

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A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. Special intimidation Defendant is a person who is living together with the victim C (V, 58 years of age).

At around 19:00 on June 26, 2015, the Defendant: (a) divided the Defendant into the Defendant’s residence in Jeju, drinking alcohol, and talking with the Victim; (b) the Defendant expressed that “If it is good that the Defendant would deny it before he was set off, he would go to the previous denial; and (c) expressed the Defendant’s desire to read “I am to the previous denial; (d) year of opening, a pair of years, and the same year as the mentally ill person; and (d) year of the victim’s face and part of the disease, which is a dangerous object at the same time, and threatened the Victim by exposing the victim’s face and part of the disease, which is a dangerous object at this time.”

Accordingly, the defendant carried dangerous objects and threatened the victim.

2. 공무집행방해 피고인은 2015. 6. 26. 20:48경 제1항 기재 장소에서 가정폭력 신고를 받고 출동한 제주동부경찰서 E파출소 소속 경사 F, 경장 G으로부터 현행범인 체포되어 같은 날 21:15경 위 경찰관들이 피고인을 순찰차에 태우려고 하자 화가 나 “가정문제인데 너희들이 왜 참견하느냐 나 변호사 선임하겠다. 너네 각오해.”라고 소리치며 소란을 피우고, 오른발로 피해자 F의 명치 부위를 1회 걷어찼다.

Accordingly, the Defendant interfered with the police officer F's criminal investigation and the lawful execution of duties concerning the arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and C;

1. G statements;

1. Application of related Acts and subordinate statutes;

1. Relevant statutory provisions concerning criminal facts, Articles 284, 283(1) (a) of the Criminal Act, Article 136(1) of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

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

1. The reasons for sentencing under Article 62(1) of the Criminal Act are favorable.