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(영문) 대전지방법원 천안지원 2016.08.18 2016고단974
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. Around February 15:25, 2016, the Defendant: (a) had taken the place while drinking alcohol in the guard room of the Defendant’s children D (30 taxes) while working for the Defendant at the guard room of Seo-gu, Seo-gu, Seocheon-gu, U.S. where the Defendant was working as security guard; (b) had taken off the Defendant’s wife E (55 years old) (hereinafter “C”) who had taken the place; and (c) had taken off the Defendant’s horses during his service; and (d) had expressed a sign as follows: (a) the Defendant’s wife E (5 years old) of the Defendant, who was found together with the foregoing D, tried to get off the Defendant’s wife E (5 years old) who had taken the place.

Accordingly, the defendant carried dangerous articles and threatened victims.

2. At around 15:45 on the same day, the Defendant: (a) obstructed the performance of special official duties; (b) obstructed the Defendant’s intimidation, such as paragraph (1), and obstructed the escape of the Defendant, i.e., paragraph (1) by avoiding the Defendant’s intimidation; and (c) obstructed the Defendant’s escape from the G District D’s slope H, which was in the course of the patrol, and assaulted by the Defendant, i.e., e., several times of display, as he did not comply with the foregoing insertion.

Accordingly, the defendant carried dangerous objects and interfered with the legitimate execution of duties of police officers concerning patrol duty.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each police statement made to H, D, and E;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Articles 284, 283 (1) (a point of special intimidation), 144 (1), and 136 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Joint Crimes of Intimidation in Each Decision);

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 suspended execution;

1. The grounds for the sentencing of Article 62-2 of the Criminal Act for the order to attend a lecture are the crimes of 1 [the scope of the recommended punishment] and the basic area (the obstruction of the performance of official duties and the coercion of duties) (6 months to 1 year and 4 months).

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