특수협박등
Defendant shall be punished by a fine of KRW 1,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
On September 26, 2017, the Defendant: (a) around 03:00 on September 26, 2017, on the ground that the head of the family living room in the Nowon-gu Seoul Special Metropolitan City, Seocheon-gu C-do, and his father D are too high to live, and (b) the Defendant called “the same dead person” to the victim E (the 48 years old) who is his spouse; (c) took a kitchen knife (the total length of the kitchen 30cm, the length of the day, 17cc) which is a dangerous object in the kitchen, and made a threat to the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Application of statutes on site photographs;
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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order (Article 10 of the Criminal Act is a biological element, which requires that mental disorder, other than mental disorder such as mental disorder or abnormal mental condition, has lost or reduced the ability to distinguish things from things, and accordingly, mental disorder as a psychological element. Thus, even though a person with mental disorder is a person with mental disability, if he/she had normal ability to discern things or control action at the time of committing the crime, he/she shall not be deemed mental disorder (see Supreme Court Decision 2006Do7900, Feb. 8, 2007). According to the records, the defendant was provided with mental therapy and treatment prior to committing the instant crime, and even if he/she was discharged from the crime prior to committing the instant crime, he/she shall be deemed to have lost or lacks the ability to distinguish things at the time of committing the instant crime, and in full view of the circumstances, means and methods of the instant crime, details of the crime, and the defendant's behavior before and after committing the crime.
Therefore, the defendant's mental and physical loss or mental weakness cannot be accepted.
However, the fact that the defendant has received mental treatment shall be considered as the reason for sentencing.
The reason for sentencing.