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(영문) 부산지방법원 서부지원 2017.11.21 2017고단807
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

The Defendant, around 11:30 on June 8, 2017, 2017, collected from the “D Kafbook” located in Seo-gu, Busan around 2017, for the reason that the Defendant does not immediately order drinking water to the injured party E (n, 57 years of age) who is an employee of the said Kafbook, and entered the Kafbook to the main room, and carried the bar to the main room, and used the transition (10cm in total length, 5cm in length, 10cm in length, 5cm in length) as a dangerous object on the sales stand, and then “Wh to die of any weather.”

At present, I expressed my desire to die.

The Defendant carried these dangerous objects and threatened the victim.

around 17:55 on August 24, 2017, the Defendant, “2017 Highest 1480, the Defendant, at around 17:15, threatened the Defendant, at the funeral hall of H convalescent Hospital located in G in Kimhae-si, where the Defendant was suffering from disturbance, such as taking a large amount of voice due to alcohol, from 112, during which he was under the influence of alcohol, he was under the control of 112, and arrived at the site, from the GJ (49 years of age) of the International District Court of the Kimhae-gu Police Station I Station of the GJ, the Defendant was under the control of the saidJ, and then, he was under the control of the saidJ, attempted to put him in the shoulder, and then he was under the control of theJ, “pickh pls.”

As such, the Defendant interfered with the legitimate execution of duties concerning police officers’ dispatch of reports 112.

Summary of Evidence

"2017 Highest 807"

1. Statement by the defendant in court;

1. Protocol of the police statement to E "2017 Senior 1480 Senior 1,480";

1. Statement by the defendant in court;

1. Application of the statutes of each police statement protocol to K, J and L;

1. Relevant legal provisions of the Criminal Act, Articles 284, 293-1 (a) of the Criminal Act (a point of special intimidation), Article 136-1 (a) of the Criminal Act (a point of interfering with the performance of official duties) of the Criminal Act, and 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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

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

(a) Category 1 (Obstruction of Execution of Official Duties) (Scope of Recommendation) (Obstruction of Execution of Official Duties) is the basic area (six months to one year and six months), and there is no special sentencing factor (special sentencing factor).

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