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(영문) 전주지방법원 2017.12.20 2017고단2042
특수협박등
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around August 24, 2017, at around 02:40, the Defendant, while under the influence of alcohol at the Defendant’s house located in B of the former North Korea’s office, she laid 2 abdog to the victim C, who was under the influence of alcohol, but was in the process of being imprisoned by the victim on the ground that the victim was not the victim, and laid 2 abdogs containing gasoline, which is a dangerous object that was inside the warehouse, on the ground that the victim was not the victim, and threatened the victim by carrying them on two hand.

2. The Defendant interfered with the performance of official duties at around 02:55 on the same day, at the same place as paragraph (1) and the same day, interfered with the police officer’s legitimate performance of duties concerning the handling of the reported case at the 112 report by keeping the body of the above E in hand and holding the body of the above E in hand at a hand and at one time at the hand hand at the 112 report cam of the police officer.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. A written statement of F and G;

1. Photographs of seized articles;

1. Application of Acts and subordinate statutes to report internal investigation (related to the dispatch of the scene);

1. Relevant legal provisions of the Criminal Act, Articles 284, 283(1) (a) and 136(1) (a) (a point of obstructing the performance of official duties) of the Criminal Act, the choice of imprisonment for a crime;

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 Category 1 (Obstruction of the Execution of Official Duties) [Scope of Recommendations] and the grounds for the sentencing of Article 62-2 of the Criminal Act, and the crimes of Category 1 (Obstruction of the Performance of Official Duties and Forced Performance of Duties) (No person subject to special sentencing from June to one year) [the scope of recommended punishment] and the scope of mitigated crimes of Category 2 (Assaults) [the scope of recommended punishment] [the scope of the mitigated crimes of Category 4 (Habitual, Habitual, Cumulative, Special Intimidations........................) [the person subject to special mitigation]]

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