logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 천안지원 2019.10.16 2019고단2143
특수협박등
Text

A defendant shall be punished by imprisonment with prison labor 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. Around August 29, 2019, at around 20:04, the Defendant: (a) found the victim C(the age of 41) in his/her own house in Seo-gu, Seo-gu, Seo-gu; (b) took a breath while drunk; and (c) demanded the victim to restrain and return to his/her house, the Defendant: (a) taken off the Seodaemun-gu knife (the total length of 20cc and the knife length of 8cc), which is a dangerous object; and (d) threatened the victim with the knife.

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

2. Special obstruction of performance of official duties carried out by the Defendant, at the above time and place, 112 reported and sent, to E, who was instructed by the police officer, who is a police officer belonging to the Seoan Western Northern Police Station D police box, to see that he gets off the knife, and carried the knife and carried the knife and carried the knife at one time by drinking.

Accordingly, the defendant carried dangerous articles and interfered with the police officer's legitimate execution of duties concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. A written statement;

1. A report on investigation;

1. Application of Acts and subordinate statutes to the records of seizure and each list of seizure;

1. Relevant provisions of the Criminal Act and Articles 284, 283(1) of the Criminal Act, Articles 144(1) and 136(1) of the Criminal Act, the choice of imprisonment with prison labor for the crime

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

1. Article 62 (1) of the Criminal Act;

1. For the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Act, the defendant uses a knife, which is a dangerous object under the influence of alcohol, to threaten the victim and assault a police officer, thereby committing a crime. The defendant led to confession and reflect, the defendant led to an agreement with the victim of special intimidation, and the police officer, who is the other party to special obstruction of performance of official duties, was detained for more than half of the month, and the defendant was detained prior to the instant case.

arrow