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(영문) 서울중앙지방법원 2017.12.21 2017노3970

협박등

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

The court below sentenced the defendant to imprisonment with prison labor for 8 months and forfeiture.

The defendant asserts that the above-mentioned sentence is too unfasible, so the prosecutor is too unfased and unfair.

Judgment

The defendant, who was unable to receive medical treatment at a hospital, was able to find a customer counseling room and notified the hospital's staff of the name of the nurse who refused to receive medical treatment, and threatened him/her with a knife.

In addition, the defendant found the hospital customer counseling room in the same day, and received a report from the police officer who called out, and obstructed the police officer's performance of official duties by keeping the police officer's hand and overing his hand.

The Defendant, while denying a crime at the lower court, led to the confession of a crime at the trial court (on the face of 31 trial records, the first trial records at the trial court, and the second trial records at the trial on November 24, 2017). The Defendant, as a liver cancer patient, was neglected from the hospital because he/she was the recipient of basic living benefits.

I think, I think that the crime was committed while I think that it was committed.

Defendant’s health is not good (the trial record 39 pages). However, the Defendant was sentenced to eight months of imprisonment for a crime of obstructing the performance of official duties, which is the same kind of crime on November 25, 2016, and completed the execution of sentence on March 12, 2017, and committed the instant crime on July 3, 2017 even during the repeated crime period.

Reoffending during the period of the same repeated crime, and the criminal method of the defendant is heavy.

The recommended punishment according to the sentencing guidelines shall be from two months of imprisonment to one year and four months of imprisonment.

Article 2 Crimes (Obstruction of Performance of Official Duties) No. 1 Crimes (Assault) [Scope of Punishment of Violence] No. 1 Crimes No. 1 Crimes (No. 2 months to 1 years), the basic area (the person who is subject to special sentencing) (the scope of punishment) of the Act No. 2 Crimes (the person who is subject to special sentencing) [the scope of punishment] [the scope of recommendation] types 1 (Interference with Performance of Official Duties)], the mitigation area (one month to eight months), the mitigation area (Special Reduction/Aggravation] [the person who is subject to special mitigation/increased] / the scope of final sentence due to the aggravation of multiple repeated crimes of the same kind: February to April.