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A defendant shall be punished by imprisonment for not less than eight 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. 특수협박 피고인은 2015. 9. 16. 14:00. 강원 평창군 B에 있는 직장 동료인 C의 주거지에서, 피고인과 함께 있던 C이 자신의 지인인 피해자 D(여, 49세)와 전화 통화를 하며 다투고 있는 것을 보고, C로부터 전화기를 건네받아 피해자 D에게 “씨발년아, 왜 C이 형한테 전화해서 욕을 하냐. 너 뭐냐 이 씨발년아. 너 이 씨발년, 어느 다방년이야. 오늘 너는 내 손에 죽이겠다. 칼로 쑤셔 죽이던 뭘로 죽이던 너는 오늘 살아서는 못간다. 니가 오늘 안 오면 내가 오늘 찾아 가서라도 죽일 거니까 그런 줄 알아”라고 말하였다.
Accordingly, at around 15:20 on the same day, the victim E (Nam, 51) who is the husband of the victim D and his female, was found to be the residence of the above C, and the defendant collected 1% of the excessive (12.5cm in the blade length) which is a dangerous object in the plan, and said that the victim E, who is the husband of the victim, was the victim, and the victim said that the victim was "the dead."
Accordingly, the defendant carried excessive property, which is a dangerous object, and threatened victims.
2. At around 15:45 on September 16, 2015, the Defendant obstruction of performance of official duties: (a) arrested the Defendant as a criminal fact stated in the foregoing paragraph (1) and conducted an investigation; (b) to the security guards belonging to the said police box, who are investigating the Defendant, “I do not seem to have any other thing; and (c) attempt to get out of the police box that occurs at the chair; and (d) tried to keep the Defendant out of the police box that occurs at the chair; and (e) when I attempted to restrain the Defendant from doing so one time at the Defendant’s arms.
As a result, the Defendant interfered with the legitimate execution of official duties concerning the investigation of crimes H, which is a police officer, due to violence.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of E and D;
1. A H statement;
1. Application of the statutes on seizure records and CCTV photographs;
1. The punishment of imprisonment with prison labor under Articles 284, 283 (1) and 136 (1) of the Criminal Act concerning a crime;