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(영문) 의정부지방법원 2016.03.09 2016노51

특수협박

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two years of imprisonment) is too unreasonable.

2. In light of the following: (a) the Defendant was punished several times for violent crimes; (b) the Defendant was subject to punishment; and (c) the instant crime was committed by threatening an elderly victim, knife and arche, which are dangerous articles by the Defendant; and (d) the nature of the relevant crime is not good; (b) the victim was not recovered from damage; and (c) the victim was able to punish the Defendant.

However, when the defendant was found to have committed the instant crime for the first time, it is against the fact that the defendant committed the instant crime without controlling his/her labor in a state that the defendant's ability to discern things or make decisions is considerably weak due to stimulative disorder, and the defendant committed the instant crime on July 1, 2013. The defendant was subject to a disposition of medical care and custody on July 1, 2013 and under the surveillance of protection for two years after he/she was subject to medical care and custody at a mental and hospital, and took medical treatment for the first time. The above period is not only a specific criminal act but also an electrical engineer for the first time, and is in good faith while he/she neglected the taking advantage of the symptoms of the above medical care, and again prevents the instant crime like the instant crime again due to the aggravation of the symptoms of both extreme disorder, such as violence, such as the victim's body and property, etc. In addition, the defendant's age, sex, mental and physical condition from the victim to the victim, how to reduce the punishment of the instant crime, and any similar type of punishment (excluding punishment).

3. If so, the defendant's appeal is justified.