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(영문) 의정부지방법원 2018.06.20 2018고단747
특수협박등
Text

A defendant shall be punished by imprisonment for not less than eight 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. A special intimidation: (a) around February 7, 2018, the Defendant used a knife (the total length of 37cm, the knife length of 23 cm) that is a dangerous object that was laid on the floor by putting the knife the knife and knife the knife, and had the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif knif knif knif knif knif

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

2. On February 7, 2018, the Defendant interfered with the performance of official duties, when he was arrested in the act of committing a crime from the police officer G, assistant H and policeman I of the two police stations, who was called up after receiving 112 a report due to the intimidation from the place indicated in paragraph 1 at the place indicated in paragraph 1 on February 7, 2018, the Defendant called “Apphhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhn

씨 발 놈들 아 "라고 욕설하면서 발로 위 G의 복부를 1회 걷어찼다.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement protocol with respect to E and G;

1. Each statement of E and I;

1. Application of Acts and subordinate statutes to the records of seizure (voluntary submission), list of seizure, and photograph of seized articles;

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) (a point of obstructing the performance of official duties) of the Criminal Act, and the choice of imprisonment for a 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 stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. One of the reasons for sentencing under Article 48(1)1 of the Criminal Act (hereinafter “Confiscation”) is a crime (e.g., interference with the performance of official duties).

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