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(영문) 서울북부지방법원 2017.04.20 2016고단3427 (1)
특수협박
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 9, 2016, the Defendant arrested E as a flagrant offender of a special intimidation, and the Defendant arrested D, a police officer belonging to the Seoul Jungp Police Station C District, who was dispatched to the site after receiving a 112 report, in a remote park located in 50:0 U.S. Mac-gu, Seoul around August 18:20, 2016.

“In doing so, assaulted, such as cutting down the arms and shoulder of the above D while taking the bath as “......”

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. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 136 (1) of the Criminal Act, and the choice of punishment for the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection and observation / [Judgment as to whether or not the defendant is physically or mentally weak] Although the defendant was treated with an existing proof of alcohol on August 24, 2016, the defendant lacks the ability to discern things or make decisions at the time of committing the instant crime.

It is difficult to see, and there is no other evidence to acknowledge it.

The reason for sentencing [the scope of recommendation] The reason for sentencing is [the scope of recommendation] that there is no person who has been sentenced to special sentencing] in the basic area (six months to one year and four months) (the June to four months) of the basic area (the suspension of the performance of official duties and the coercion of duties] [the decision of sentencing] Defendant is against the time of committing the instant crime.

Although the defendant has long been sentenced to punishment, there is no special criminal record after he has been sentenced to a fine in 1996.

The Defendant committed the instant crime with alcohol addiction more urgent to treat the Defendant, and the Defendant himself/herself is also trying to continuously treat the alcohol addiction.

In consideration of these circumstances, the punishment as ordered shall be determined.

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