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(영문) 대구지방법원 2017.03.31 2016고단3642

특수협박

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 28, 2014, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Narcotics Control Act (competence) at the Daegu District Court, and on May 20, 2015, the Defendant completed the execution of the sentence at a detention house.

The defendant committed the following crimes under the conditions that the defendant has a weak ability to discern things or make decisions due to the disability, etc. caused by a recurrence:

The defendant was dissatisfied with the victim C(43) who is a second time in society with his age, and the refusal to hear this case was against the victim C(43) who is a second time in this society.

The Defendant, on July 19, 2016, at around 00:30, at the Defendant’s residence of 505, Daegu Suwon-gu D lending 505, “C” to the Victim C (43) under the influence of alcohol.

Death, death, or death.

The term “inwards” refers to the transitionage (25 cm in total length, 15 cm in length) which is a dangerous object in the kitchen at that place, was collected in his hand, and the victim’s way was accumulated three times in the same way.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Investigative reports (to hear statements from victims);

1. A previous conviction: A criminal history inquiry, investigation report (a copy of the judgment and inquiry about the status of acceptance by individuals) [Judgment of defense counsel] The defense counsel asserts that the defendant was in a state of mental and physical loss due to mental disorders at the time of committing the instant crime.

According to the records, even though the defendant was suffering from a mental disorder, such as a recomponivity disorder, etc. at the time of committing the crime of this case, and such mental and physical weakness was deemed to have been in such a state, it is difficult to recognize that the defendant had no ability to discern things or make a decision.

Therefore, the defense counsel's above assertion is not accepted.

Application of Statutes

1. Relevant Article 284 of the Criminal Act, Articles 283(1) and 283 of the Criminal Act, the choice of fines concerning the crime, and the selection of fines;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Article 10(2) of the Criminal Act to mitigate mental and physical weakness.