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(영문) 서울남부지방법원 2018.05.09 2017고단6335
특수협박등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. 특수 협박 피고인은 2017. 8. 15. 20:50 경 서울 금천구 C 102호 피고인의 주거지에서 창문을 깨고 에어컨 실외 기를 파손하는 등 소란을 피우던 중 위 건물 3 층에 거주하던 건물 주인 피해자 D( 여, 67세) 이 피해자의 남편과 함께 내려가 피고인을 말리자, 피해자를 향하여 위험한 물건인 중국식 후라이 팬( 일명 ‘ 중국 집 웍’, 지름 35cm, 길이 50cm )를 들고 피해자에게 달려들어 때릴 듯이 위협하면서 “ 죽여 버리겠다 ”라고 말하여 피해자를 협박하였다.

2. On August 15, 2017, the Defendant: (a) around 21:00 on the front side of Geumcheon-gu Seoul, Geumcheon-gu Seoul Metropolitan Government, 112, when putting the dangerous articles to D as seen above, was arrested as a current offender by the police station E District FF belonging to the Seoul Geumcheon Police Station E District; and (b) the Defendant was arrested by the police officer G to have him get on board the patrol vehicle; (c) the Defendant hit the sound on the floor; and (d) opened up on the floor, she walked the right side buckbucks of the above InspectorF once, and she continued to walk up two to three consecutive paths.

As a result, the Defendant interfered with the legitimate execution of duties of police officials with respect to the handling of reports and arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and H:

1. Each written statement of D;

1. A report on investigation (to attach a patrol box and a video screen to the scene);

1. Criminal tools and field photographs;

1. Application of Acts and subordinate statutes to damaged police officers;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 284, 283(1) (special intimidation, choice of imprisonment), and Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties, and choice of imprisonment with prison labor);

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of the recommended sentences according to the sentencing criteria;

(a) Category 1 (Obstruction of Execution of Official Duties) (Scope of Recommendation) (Scope of Punishment) is the basic sphere of interfering with the performance of official duties;

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