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(영문) 대전지방법원 2018.09.20 2018고단2448
특수협박등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[Criminal Records] On June 21, 2018, the Defendant was sentenced to a suspended sentence of two years for a period of one year and six months by obstructing the performance of official duties at the Daejeon District Court, and the said judgment became final and conclusive on the 29th of the same month.

[Criminal facts]

1. Special intimidation: (a) around June 23, 2018, on the ground that the victim C (44 years old) who was in the vicinity of the Dong-gu Daejeon-gu B B B Ba was frighted on the road, around June 23, 2018, the Defendant collected concrete, which is a dangerous object that he was in the middle floor of the B B Ba, and threatened the victim with a large amount of 50 meters away from the victim’s escape, and thereby threatening the victim to escape.

2. The Defendant interfered with the performance of official duties: (a) placed the Defendant who was dispatched to the site after receiving a report at the time and place specified in paragraph (1) above at the Daejeon Police Station D police station located in the Daejeon Police Station, and proposed the Defendant to re-enter the said C; and (b) placed the Defendant “picker”.

C f. F.P. Z.E.

The dubling of the above E was flicked with the bath theory, and was 2 to 3 times.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. C’s statement;

1. Each report on investigation;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Relevant Articles 284, 283(1) (a) (a special intimidation) of the Criminal Act, Article 136(1) (a) of the Criminal Act, and the choice of imprisonment for a crime, respectively;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Crimes of the first sentence of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act for the purpose of sentencing [the scope of recommending punishment] Article 1 of the Reasons for the Punishment of Concurrent Crimes (Interference with the Execution of Official Duties) [the scope of recommending punishment] Article 38 (1) 1 of the Criminal Act for the purpose of obstructing the Performance of Official Duties] and Article 1 of the Basic Area (Interference with the Performance of Official Duties) [the period from June to one year and six months] [the scope of recommending punishment] Article 2 of the Act for the No. 4 of the Act on the Punishment of Terrorism [the scope of recommending punishment] [the mitigated area (4 months to one year for habitual, repeated, special intimidation] [the victim] Article 38 (Special mitigated.

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