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(영문) 대전지방법원 천안지원 2018.02.02 2017고단1468

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. On May 7, 2017, at around 05:55 on May 7, 2017, the Defendant: (a) provided an employee E ( South and the age of 29) with an desire to engage in drinking to commit an act of assaulting customers, without any justifiable reason, on the ground that he/she was an employee of the victim E ( South and the age of 29) who is an employee; (b) provided the victim with an desire to engage in drinking-related diseases, which are dangerous things, and assaulted the victim.

2. The Defendant obstructed the performance of official duties at the time, time, and place specified in the above paragraph (1) and committed assault by public officials who are public officials of the police who work in the F District World Police Station in the Seocheon-gu Northern Police Station in order to identify whether the act was committed or not, and their personal information were identified. As such, the Defendant assaulted public officials on the part of the Defendant, who performed their duties by asking their names to ascertain whether the act was committed or not and their personal information was committed.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Each statement of E and H;

1. Application of statutes on site photographs;

1. Relevant legal provisions of the Criminal Act, Articles 261, 260(1) (a) of the Criminal Act (a point of special assault), Article 136(1) (a) (a point of obstructing the performance of official duties) of the Criminal Act, and the choice of imprisonment for a crime;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Sentencing criteria;

(a) First-Class 1 (Obstruction of Execution of Official Duties) (Scope of Recommendation) (Obstruction of Execution of Official Duties) (Obstruction of Execution of Official Duties and Forced Performance of Duties) is the basic area (six months to one year and six months), and there is no special sentencing factor (a person with special sentencing)

(b) Type 6 (Habitual Offense, Habitual Offense, Special Assaults) (4 months to 1 year and 2 months) in the mitigation area (special mitigation factors) (excluding special mitigation factors).

(c) The scope of final sentence due to the aggravation of multiple offenses: From six months to two years.

2. The act of bringing violence to police officers who have been sentenced and uniformed, not only disrupt the police officer’s duty to maintain the order, but also encourage the police officer’s light of legal order and public authority.