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(영문) 의정부지방법원 2017.10.12 2017고단3973
특수협박등
Text

A defendant shall be punished by imprisonment for six 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

The defendant is in a de facto marital relationship with the victim C (V, 53 years old) D.

1. A special intimidation: (a) on August 27, 2017, the Defendant found the “F main point” operated by the Victim C in Ma on the Government of Ma on the ground that the Defendant neglected the Defendant’s wife D, the Defendant threatened the Defendant with the food knife (29cm in total length, 17cm in length) that is an object dangerous to the Defendant’s wife and the Defendant’s wife; and (b) “Choe, door, and personal death” (17cm in length), the Defendant threatened the Defendant with knife in a set of glass door, and knife in a knife with the Defendant’s knife.

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

2. The Defendant interfered with the performance of official duties on the same day, 04:30 on the same day, citing and threatening a knife by a man under the influence of alcohol.

’ 는 내용의 112 신고를 받고 출동한 의정부 경찰서 G 지구대 소속 경사 H로부터 현행범인 체포를 당하게 되자, 이를 저지하기 위해 발로 H의 정강이 부위를 1회 걷어찼다.

계속하여 피고인은 그 무렵 현행범인 체포되어 순찰차를 타고 의정부시 I에 있는 G 지구대로 인치되어 순찰차에서 내리던 도중, 재차 발로 H의 정강이 부위를 1회 걷어찼다.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of a flagrant offender by a police officer.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Written statements of J, C and K;

1. Police seizure records and list of seizure;

1. On-site photographs, photographs of seized objects, and photographs of CCTV images;

1. A medical certificate;

1. Application of CCTV-related Acts and subordinate statutes;

1. Relevant legal provisions of the Criminal Act, Articles 284, 283(1) (a) of the Criminal Act (a point of special intimidation), Article 136(1) (a) of the Criminal Act (a point of interfering with the performance of official duties) of the Criminal Act, the selection of imprisonment for a 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 48(1)1 of the Criminal Act are the number of criminal offenses committed against the accused.

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