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(영문) 광주지방법원 해남지원 2019.11.28 2019고단371
특수협박등
Text

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. Around 22:00 on August 29, 2019, the Defendant was arguing with the wife and the victim D (the age of 35) at the “C” restaurant located in Jindo-gun, Jindo-gun, Jindo-gun on drinking alcohol together with his wife and the victim D (the age of 35) on the ground that the victim prevented him from doing so, the Defendant: (a) was faced with the beer and the beer on the floor; (b) the kitchen, which is an object dangerous in the kitchen; and (c) the kitchen (a total length of about 45 cm, about 30 cm on the day; and (d) the kitchen, which is a dangerous object, carried with the victim, and threatened the victim with a dangerous object, such as a sound, i.e., having the victim’s body.

2. On August 29, 2019, at around 22:15, the Defendant: (a) expressed a bath to F, who was requested by F to make a statement about the situation at the time, at the time on the front of the C restaurant under paragraph (1) by committing the act of the Defendant, such as Paragraph (1) at the front of the C restaurant under paragraph (1); and (b) assaulted F, who was requested by F to make a statement about the situation at the time, such as “the head of a tax base of a tax base of a tax base of a tax base of a tax base of a tax base of a tax base of a tax base of a tax base of a tax base of a tax base of a tax

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to 112 report processing.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Written statements prepared by G and D;

1. The service log of the E box;

1. Application of statutes on site photographs;

1. Relevant provisions of the Criminal Act, Articles 284, 283(1) of the Criminal Act, Article 136(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: Imprisonment with prison labor for one month to ten years;

2. Scope of recommended sentences according to the sentencing criteria;

A. The obstruction of performance of official duties (decision of the type of the obstruction of official duties) is an obstruction of performance of official duties (Article 1).

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