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(영문) 수원지방법원 2016.10.20 2016고단4162
특수협박등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On June 22, 2016, the Defendant: (a) at the C Logistics Center’s office located in the 15:30 Sinsi-si Sinsi-si B, the Defendant was driving the said company’s branch owner D’s vehicle, but was not paid wages; (b) the Defendant cited Alumin-si network, which is a dangerous object, and demanded the victim E (the 44 years old), the head of the center, to accept D, but the Defendant was responsible at C Logistics Center for the failure of the victim; (c) the Defendant was responsible at C Logistics Center; and (d) 2:3 times with the above camping network, and threatened the victim, on the ground that the victim was not the victim, and was able to inflict any physical harm on the victim.

2. The Defendant committed an act of obstruction of performance of official duties, at the above temporary parking lot C at the above C Logistics Center: (a) the police officer assigned to the police box of the Seocho-dong Police Station, which received a 112 report, asked him about the circumstances of the instant case, and called “the police officer,” “the police officer,” “the police officer,” and (b) the employees of the said Logistics Center, “the police officer, within the boundary of his dogbs, is not required to do so,” and (c) the police officer committed an act of assaulting the police officer’s face and clothes three times by hand.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of G and E;

1. Application of Acts and subordinate statutes on seizure records;

1. Relevant Articles 284 and 283(1) of the Criminal Act, Article 136(1) of the Criminal Act, the choice of each fine for the crime, the relevant provision of the Criminal Act, the choice of punishment, and the choice of each fine;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant, for reasons of sentencing under Article 48(1)1 of the Criminal Act, threatened the victim E by using a aluminium camping net, which is a dangerous object, and obstructed the performance of official duties by assaulting a police officer in the course of performing official duties. In light of the contents and methods of the crime, the crime is not deemed to be inferior.

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