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(영문) 수원지방법원 2020.04.10 2019고단6492
특수협박등
Text

A defendant shall be punished by imprisonment for six months.

However, 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

1. The Defendant, at around 07:00 on October 1, 2019, brought a dispute between the victim D (the age of 39) and the shoulder in Suwon-si B, Suwon-si, D and the victim E (the age of 34) who was working for the victim, brought a bath to the victim D and the victim E (the age of 34). As such, the Defendant was threatening the victims by gathering an empty drinking water disease, which is a dangerous object on the table, and by gathering an empty drinking water on the table.

Accordingly, the defendant carried dangerous articles and threatened victims.

2. 공무집행방해 피고인은 2019. 10. 1. 07:20경 제1항 기재 장소에서 112신고를 받고 출동한 경기수원서부경찰서 소속 순경 F으로부터 위와 같은 행위를 한 이유에 대해 질문을 받자 F에게 “내가 아는 경찰관이 있는데, 그 사람을 아느냐. 내가 뭘 잘못 했냐, 씨발.”이라고 욕설을 하면서 F의 얼굴을 향해 주먹을 1회 휘둘러 폭행하였다.

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

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Each protocol concerning the examination of suspect of the police against D or E;

1. Statement of the police statement concerning F;

1. Records of the assault and field photographs;

1. Application of Acts and subordinate statutes to investigation reports (CCTV, etc.);

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62 (1) of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act was committed by the defendant at the main point of view, and the defendant left the drinking water to the table table, as the victim was collected, and called upon the victim's intimidation and report.

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