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(영문) 창원지방법원 진주지원 2020.02.05 2019고단1267
특수협박등
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

Punishment of the crime

The Defendant committed the following crimes under the status that the Defendant was unable to discern things or make decisions due to behavioral disorder, etc.:

1. At around 07:20 on May 10, 2019, the Defendant: (a) was waiting before the entrance in order to resist the inter-floor noise from the building B in Scheon-si and the house of the victim C, and the house of the victim D, the Defendant: (b) opened the entrance to open the entrance; (c) carried the gate, which is a dangerous object (10cm in total length, 3cm in daily length) and pushed the victim into the entrance to the out; (d) sealed the victim; and (e) invaded the victim into the door; and (e) threatened the victim with the victim’s resistance.

2. On May 10, 2019, at around 08:39, the Defendant: (a) committed an assault against the Defendant, i.e., the police officer F, etc., of the Sacheon Police Station Efers called up after receiving a report at the place of paragraph (1) to restrain the Defendant; and (b) to take protective measures (emergency hospitalization measures) under Article 4 of the Act on the Performance of Duties by Police Officers, and (c) to request the Defendant to leave the police station at the parking lot before the Sacheon Police Station Efers of the Sacheon Police Station on the same day; and (d) to walk up the F’s clothes and side 4 occasions.

Accordingly, the defendant interfered with legitimate execution of duties on protective measures under the Act on the Performance of Duties by Police Officers.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, G, and F;

1. A H statement;

1. Application of statutes governing the 112 Reporting Case Handling List;

1. Relevant legal provisions concerning criminal facts, Articles 320 and 319(1) of the Criminal Act (the point of special intrusion), Articles 284 and 283(1) of the Criminal Act (the point of special intimidation), Article 136(1) of the Criminal Act (the point of obstruction of performance of official duties), and the choice of imprisonment for each sentence;

1. Mitigation of mental disorders: Articles 10 (2) and 55 (1) 3 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Probation and medical treatment order: Reasons for sentencing under Article 62-2 of the Criminal Act, subparagraph 1 of Article 2-3 and Article 44-2 of the Medical Treatment and Custody, etc. Act;

1. The scope of recommendations according to the sentencing criteria; and

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