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(영문) 대구지방법원 2017.05.18 2017고단1437
특수협박등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. A special intimidation: (a) on March 18, 2017, the Defendant 17:30, on the roads adjacent to the Dok-do Office of the Nonghyup-do, Daegu Northern-gu, Daegu High-do, the Defendant: (b) boarded a victim B (47) private taxi; and (c) was under the influence of the Defendant to demand the payment of charges from the said victim; and (d) Dok-gate, which is a dangerous object in the instant bank, under the influence of alcohol, see that the Defendant would die with the face of the said victim.

“The threat was made”.

Accordingly, the defendant carried dangerous objects and threatened the victim.

2. The Defendant interfered with the performance of official duties at the time and place specified in paragraph (1) and upon receiving a request for personal identification from a slope E (34 taxes) who is a public official belonging to the police unit of the Daegu Northern Police Station D District Police Station called out after receiving a report at the place specified in paragraph (1).

“In doing so, the left-hand face part of E was sent at one time to the right-hand side of the defendant.”

As a result, the defendant interfered with the legitimate execution of duties of police officers in criminal investigations.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for B and E;

1. Application of the Acts and subordinate statutes concerning scambling booms images and torix photographs;

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), Articles 284 and 283(1) (the point of special intimidation) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. The scope of the recommended punishment according to the sentencing guidelines for the crimes falling under Category 1 (Obstruction of Execution of Official Duties) [Scope of the recommended punishment] and the scope of the final sentence according to the aggravated punishment in the event that the punishment area (including a serious effort to recover damage), the punishment area (including a habitual, repeated, and special intimidation) or considerable damage has been restored to the extent of the mitigated punishment area for the crimes falling under Category 2 (Assault from June to June) without the basic area (person subject to a special sentencing) (referring to June to June to June), the basic area (referring to a person subject to special mitigation) (referring to a person subject to special mitigation) of the punishment area (including a serious effort to recover damage): the scope of the final sentence due to the aggravated punishment area for the multiple crimes: Six months to two years;

2. The defendant who is sentenced to sentence shall commit the same offense;

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