logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 동부지원 2018.09.12 2018고단1291
협박등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above 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. The Defendant was under the influence of alcohol on May 18, 2018 at around 03:25, 2018 at the Defendant’s residence located in Suwon-gu, Busan, and had been under the influence of alcohol to the Victim D while doing a dispute with the Victim D, “I have been under the control of the Victim D, I have been under the control of the Defendant.”

The term “intition” and the term “intition” and the term “intition” had been threatened.

2. When the Defendant threatened the victim’s body as seen above at the same time and place as the victim’s D at the same time and place as in paragraph 1, the Defendant expressed the Defendant’s body “the same bitbit of bitbit of bit of bit of bit of this bit of bit of bit of this bit of bit of this year,” and assaulted the victim E several times.

3. On May 18, 2018, the Defendant: (a) tried to threaten the victim D at the same place as Paragraph (1) of Paragraph (1) of the same Article; (b) tried to threaten the victim D; (c) was informed of the position G of the F District of the Busan Southern Police Station, which called “I ambling, I ambling, I ambling, I ambling, I ambling, I ambling, I ambling, I ambling, I ambling, etc. the chest of the said G with both hand.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement in relation to E, D, and G;

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

1. Relevant legal provisions of the Criminal Act, Articles 283(1) (the point of intimidation), 260(1) (the point of violence), 136(1) (the point of interference with 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. Crimes 1 (Intimidation) [Scope of Recommendation] of Article 62(1) of the Criminal Act on the grounds of sentencing under Article 62(1) of the Suspension of Execution, and crimes 2 (Assaults) with no basic area (two months to one year) (the person subject to special sentencing) [the scope of recommending punishment] of Article 62(1) of the Criminal Act on the grounds of the Sentencing (the scope of recommending punishment] of Article 62(3) of the Criminal Act on the grounds of no basic area (two months to ten months) (the person subject to special sentencing) (the obstruction of performance of official duties).

arrow