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(영문) 서울남부지방법원 2019.01.31 2018고합571
특정범죄가중처벌등에관한법률위반(보복협박등)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. Crimes committed on November 12, 2018;

A. On November 12, 2018, the Defendant: (a) took a bath to the public official D (V, 40 years of age) and E (31 years of age) belonging to the above community service center, which was under treatment of civil petitions, for the reason that the government subsidies received by the Defendant were given within the community service center located in Geumcheon-gu Seoul, Geumcheon-gu, Seoul; (b) around November 12, 2018; (c) took a bath to the public official D (L, 40 years of age) and E (31 years of age) who was under treatment of civil petitions; (d) put his/her hand E in h; (d) put his/her son, who was a dangerous object; and (e) intending to put his/her name tag made by plastic into E and D.

In this respect, the defendant carried with a iron maker or plastic name tag, which is a dangerous object, and assaults E and D, thereby hindering the legitimate execution of official duties related to the handling of civil petitions and administrative affairs.

B. On November 12, 2018, the Defendant found the place indicated in the second paragraph of the same Article at the time and around 13:10 on November 12, 2018, the Defendant expressed that, for the foregoing reason, the Defendant expressed his/her desire to “new” in E and D, which was processing civil petition affairs, and that he/she did assault D with D, such as seeing plastic fences on a civil petition unit, going into the arms of his/her female, thereby interfering with legitimate execution of duties concerning civil petitions and administrative affairs.

2. Crimes committed on November 13, 2018;

A. In order to interfere with the performance of official duties and the violation of the Aggravated Punishment, etc. of Specific Crimes (Crime of Intimidation, etc.) Defendant threatened the victim E who was arrested as a flagrant offender and under the police investigation by obstructing public officials’ performance of duties, as stated in the preceding paragraph, and to take a retaliation against the victim, and to reverse the victim’s statement and punishment intent, the victim was threatened on November 13, 2018 by stating that “When the victim was found as a C community service center listed in the preceding paragraph, the victim would have been punished as a control day, or would have waited by knife on the way to work.”

Accordingly, the defendant is against the investigation or trial of his or another person's criminal case.

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