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(영문) 서울남부지방법원 2020.01.15 2019고단2778
협박등
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Around 04:50 on May 19, 2019, the Defendant threatened the victim by taking advantage of the attitude that the police officers of the above C District were trying to listen to the Defendant and the victim separately and trying to hear the statement, taking the friendly delivery that the Defendant was in possession of the victim’s bath.

2. In light of the time and time indicated in the preceding paragraph, the Defendant: (a) committed assault by police officers belonging to the Seoul Geumcheon Police Station C District police officers to listen to the statements of the Defendant and the victim; (b) intending to see the said E without any reason; and (c) dump with his hand, dumping the flap of the said E.

Accordingly, the defendant interfered with legitimate execution of duties concerning civil petition counseling duties by police officers.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of witness E;

1. Investigation report (victim D telephone communications);

1. Application of CD-related Acts and subordinate statutes

1. Relevant Article 283(1) of the Criminal Act, Article 136(1) of the Criminal Act, and Article 136(1) of the Criminal Act, the choice of imprisonment for a crime

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of recommended sentences according to the sentencing criteria;

(a) First Crimes (Determination of Punishment of Obstruction of Performance of Official Duties). Obstruction of Official Duties (Type 1)/Compulsory / [Scope of Recommendation and Recommendation] Basic Field, 6 months to 1 year and 6 months of imprisonment

(b) Second crimes (determination of types) and violence crimes (category 1) and general intimidation (category 1) and two months to one year of imprisonment; and

(c) Scope of recommendations according to the standards for handling multiple crimes: Six months to two years (the upper limit of crimes No. 2).

2. The motive, background, means and consequence of the instant crime, and the type of force of the Defendant’s use.

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