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(영문) 창원지방법원 2016.05.12 2016고단411
특수협박등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Criminal facts

1. A special intimidation: (a) around September 18, 2015, around 17:10, the Defendant threatened the victim C (35 years of age) with a dangerous article being kept in the kitchen kitchen, which is a dangerous article (13 cm length, 24 cm in the total length of the kitchen) that was kept in the kitchen kitchen, on September 18, 2015; and (b) by putting the victim with the same as the victim, the Defendant threatened the victim.

2. Around 17:38 on the same day, the Defendant: (a) obstructed the performance of official duties at the same place; (b) committed assault by the police officer of the Changwon Police Station Diplomatic Police Station, who was dispatched to the police station by the Defendant with the notification of the remaining 112 report by the Defendant living together; and (c) assaulted the remaining police officers of the instant case at one time by taking a bath for the instant case.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C, E, and F;

1. Seizure records;

1. Application of the photographic Acts and subordinate statutes;

1. Articles 284, 283(1) (a) (a means of intimidation to carry dangerous articles) and 136(1) (a) of the Criminal Act concerning facts constituting an offense;

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. For the reasons for sentencing under Article 62(1) of the Criminal Act on the suspended sentence, Article 62(1) of the Act on the Punishment of Specific Crimes [Scope of Recommendation] and Article 62(1) of the Act on the Punishment of Specific Crimes (Interference with the Execution of Official Duties] (Article 62(1) of the Act on the Punishment of Specific Crimes (Article 62(1) of the Act on the Punishment of Specific Crimes (Article 62(2) of the Act on the Punishment of Specific Crimes (Article 62(1) of the Act on the Punishment of Specific Crimes (Article 62(1) of the Act on the Punishment of Specific Crimes (Article 62(1) of the Act on the Punishment of Specific Crimes (Article 62(1) of the Act on the Punishment of Specific Crimes (Article 62(1) of the Act on the Punishment of Specific Crimes (Article 62(1) of the Act on the Punishment of Specific Crimes) with no person subject to Special Sentencing) (Article 2 of the Act on the Punishment of Specific Crimes.

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