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(영문) 수원지방법원 성남지원 2016.05.10 2016고단312

특수협박등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Special intimidation Defendant: (a) around November 14, 2015, the Defendant: (b) around 22:46, Gwangju-si, Gwangju-si, Gwangju-si, 101 Dong 101-dong 101, and (c) on the ground that the victim C (her spouse, female, 43 years old) who is his/her spouse contacts with high school male and female ties, two knifes, which are dangerous things in the kitchen, and go with the victim.

The victim threatened the victim by stating that he/she will die.

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

2. On November 14, 2015, at around 23:05, the Defendant: (a) at the place indicated in paragraph (1) around 23:05; (b) at the Gyeonggi Police Station D District E affiliated with the Gyeonggi Police Station D District, which was dispatched to the scene after receiving a report on domestic violence, and (c) at the police officer’s left the room to look at the victim of the domestic violence case; and (b) the Defendant reported domestic violence to the Defendant, the police officer stated that the Defendant would return to the ward. As such, the Defendant’s report case ought to be determined by comprehensively checking whether the police officer sent to the scene directly face the victim and whether he/she wishes to punish him/her.

The defendant explained that he is "," and assaulted by his hand such as cutting the arms of the above E and the above F, and pushing the body.

Accordingly, the defendant interfered with legitimate execution of duties by police officers on handling domestic violence reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol related to E, F, C, and G;

1. Application of Acts and subordinate statutes to photographs of criminal implements;

1. Articles 284, 283(1) (a) (a special intimidation) of the Criminal Act and Article 136(1) (a) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

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 the sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order;

1. The first crime (Interference with the execution of official duties) of the sentencing criteria (the scope of punishment recommended) shall interfere with the execution of official duties;