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(영문) 부산지방법원 2017.04.26 2017고단123
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

1. On December 8, 2016, the Defendant of special intimidation: (a) around 10:30 on December 10, 2016, at the E-cafeteria where the victim D (Woo, 41 years old) located in Busan Young-gu, Busan, the Defendant saw that the victim, who was a related person, was going to clean the Defendant’s house and was going to run away even though he was said to go to do so; (b) on the ground that the victim, who was a related person, went to run the house of the Defendant, the Defendant 1 of the kitchen food-raising knife (30cm in total length, 20cm in length, 10cm in knife) carried the knife in the above restaurant five times, and caused the victim to take a brease.

Accordingly, the defendant carried a knife knife, which is a dangerous thing, and threatened the victim.

2. On December 8, 2016, at the same place as above 11:00 around December 11, 2016, the Defendant: (a) reported and sent out after having received 112 a report; and (b) whether G, the circumstances leading to the Busan Young-do Police Station F District, the Defendant, “a fact other than a knife,”

There is no fact citing the knife knife of this Chewing gum, seeing why there is a good person, seeing why there is a magazine, or why there is a good person.

“The above victim’s statement was heard, and the defendant was to be arrested as a current criminal, “this son” and “the above son,” and the G’s left side kick was timed one time by a lush hand.

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. Each police statement made to D, G, and H;

1. Application of the police seizure protocol statutes;

1. Relevant legal provisions of the Criminal Act, Articles 284, 283(1) (a) and 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 (see, e.g., Supreme Court Decision 62 (1)

1. Social service order under the Criminal Act;

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