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(영문) 서울중앙지방법원 2016.07.15 2016고단2238

특수협박

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, around 15:55 on April 11, 2016, at around 15:55, 2016, displayed double-brings bottled by the victim D (W, 55 years old) located underground in Jung-gu Seoul, Jung-gu, Seoul, and displayed double-brings, 50,000 won clicks, which were sealed by hand, and demanded that the victim “bring” be called “bring,” and then, the Defendant taken a 32 cm in length, which is a lethal weapon held in the back part of the back part of the Defendant.

2-3 The victim threatened the victim, "I would die," with the indication of 2-3 times.

Summary of Evidence

1. Statement by the defendant in court;

1. Partial statement of the defendant in the protocol concerning the examination of the suspect against the defendant;

1. Statement made by the police against D;

1. Application of the police seizure protocol statutes;

1. Article 284 and Article 283 (1) of the Criminal Act applicable to the facts constituting an offense (or choice of imprisonment);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The mental and physical disorder stipulated in Article 10 of the Criminal Act, as to the assertion of mental and physical disorder by defense counsel under Article 48(1)1 of the Confiscation Criminal Act, is a biological element and needs to be determined that mental disorder, such as mental disorder, mental weakness, or abnormal mental condition, lacks or reduced the ability to distinguish things due to mental disorder, and accordingly, the mental disorder cannot be deemed to be a mental and physical disorder, even if a person with mental disorder is a person with normal property identification or behavior control ability at the time of committing the crime (see Supreme Court Decision 92Do1425, Aug. 18, 192, 192, etc.). According to the above evidence and the materials revealed in the oral proceedings of this case, it is recognized that the defendant continued to receive mental and physical treatment, and on the other hand, the situation and place at the time of committing the crime of this case, including the fact that the defendant had a knife with the victim while recognizing illegality, and other mental disorder of the defendant before and after committing the crime of this case, etc.