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(영문) 전주지방법원 군산지원 2018.06.22 2018고단307
협박등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. On February 23, 2018, the Defendant: (a) at the “D” restaurant run by the Victim C (M, 67 years of age) located in Sinsan City B (V) around 23:20 on February 23, 2018; and (b) on the ground that the victim refused the foregoing, the Defendant: (c) on the ground that the victim was aware of the alcohol, and (d) on the ground that the victim refused the foregoing,

The victim threatened the victim by stating that he/she shall be teared, knife, knife, knife, and knife.

2. On February 23, 2018, at around 23:40, the Defendant: (a) received a report from 112 at the place as indicated in paragraph (1) on February 23, 2018 and received a recommendation to return home from 112, i.e., the knife Ethical F, etc. belonging to the Gun Police Station Ethal of the Gun Police Station called to the site; (b) threatened a knife of the knife, the knife, the knife, the knife, the knife, the knife, the knife, the knife, the knife), and continued to threaten C

By taking a bath, such as “the death and discarded,” the F used twice the face of the F in this end to arrest the Defendant as the current offender, and assaulted the F in this way by walking the back of the back of the F once.

Accordingly, the defendant interfered with the handling of 112 reported cases by police officers and legitimate execution of duties concerning the arrest of flagrant offenders.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the laws and regulations on police statements made to C, G, and F

1. Relevant Article 283(1) of the Criminal Act, Article 283(1) of the Criminal Act (the point of intimidation), Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) and the choice of imprisonment for each crime;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant was sentenced two times to a suspended sentence of imprisonment for the same kind of crime and had the record of being punished several times by a fine, and in particular, the previous crime or the crime in this case are committed under the influence of alcohol, and the defendant exercises violence and reports.

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