logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원밀양지원 2020.09.08 2020고단328
특수협박등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant was living together with the victim B (son, 59 years of age).

1. A special intimidation: (a) around 02:00 on March 31, 2020, the Defendant: (b) brought the victim’s knife with a knife (37 cm in total, 23.5 cm in length on the day) and knife (21.5 cm in total, 9.5 cm in length on the day); (c) brought the victim into the inner bank where the victim was diving; and (d) threatened the victim with a knife in the knife.

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

2. Around 03:00 on March 31, 2020, the Defendant: (a) at the same place as indicated in paragraph (1); (b) at the same time as indicated in paragraph (1); (c) 112, the circumstance where the members of the Seongbuk Police Station D Zone D, dispatched to the site after receiving a 112 report, “I am off two persons; (d) I am the Defendant “I am off, I am off, I am off, I am off, I am on four occasions.”

Accordingly, the Defendant interfered with the legitimate performance of official duties by police officers on handling 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of B and E;

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes to each investigation report, field photographs, and field photography photographs;

1. Articles 284, 283 (1), and 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act (the favorable circumstances among the reasons for sentencing below) is that the case is not easy in light of the contents of each of the instant crimes. However, the Defendant is in profoundly against the Defendant, the victim of a special intimidation does not want to punish the Defendant, there is no record of criminal punishment heavier than the suspended sentence of imprisonment, and there is no other history of criminal punishment heavier than the suspended sentence of imprisonment. The Defendant’s age, character and behavior, occupation and environment, criminal history, motive, process, method, and consequence of the crime.

arrow