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(영문) 수원지방법원 평택지원 2015.12.03 2015고단1610
특수협박등
Text

A defendant shall be punished by imprisonment for six 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. On October 23, 2015, at around 02:08, the Defendant: (a) taken a large door door from the FM parking lot located in Pyeongtaek-si in Gyeonggi-do; (b) took the door door from the victim G (24 years of age) who is the dispatched staff of the private security enterprise called the “fols” sent out due to the reduction of the disturbance, thereby threatening the victim to take the door from a large-scale knife (16cc in total length, 6cc in a knife length) (a portable knife) which is a dangerous object in the front of the city of Pyeongtaek-si in Gyeonggi-do; and (c) threatened the victim as a knife.

Accordingly, the defendant carried dangerous objects and threatened the victim.

2. The Defendant committed an assault, such as: (a) the police box affiliated with the He police box called up after having received a report of 112 at the time and place under paragraph (1) of this Article; (b) the police patrol officer, and the patrolman demanded the Defendant’s knife, identification card, and questioning the circumstances of the instant case; (c) he was flaged with knife, knee, knee, knee, knee, k

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. G statements;

1. The present presence under subparagraph 1 of the seized evidence;

1. Application of on-site photographs and evidence photographing statutes;

1. Articles 284, 283 (1), and 136 (1) of the Criminal Act applicable to the facts constituting an offense;

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. Probation under Article 62-2 of the Criminal Act;

1. Determination on the application of the sentencing guidelines of Article 48 (1) of the Confiscation Criminal Act: The scope of the recommended sentencing guidelines of the applicable O: consideration of all the circumstances, including the following factors: Type IV (Special Intimidation) mitigation area, Type I (Obstruction of Performance of Official Duties), mitigation area (1 to August), the scope of final sentence due to the aggravation of multiple crimes: the first offender who has no O criminal record of April to April, 1, and April, and the agreement with victims:

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