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(영문) 대전지방법원 2020.10.22 2020고단2218

특수협박

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The Defendant, who has a mental disorder such as alcohol dependence, alcohol disorder, mental and behavioral disorder by alcohol use, and depression disorder, has committed the following crimes in a state of mental disorder due to the above disease:

At around 01:50 on March 27, 2020, the Defendant threatened the victim D (Nam and 26 years of age) (hereinafter “C”), “C”, but, on the ground that the victim did not promptly answer, the kacker knick, which was a dangerous object cited by the knick hand, was placed in the victim’s face, and “I want to immediately kill kn. I want to kill kn. h. h. h. h. h. h. h. h. h. h. h. h.h.).”

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Relevant Article of the Criminal Act, Articles 284 and 283 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. Articles 10(2) and 55(1)3 of the Criminal Act for mitigation of mental illness and injury (in full view of the background and result of the instant crime, the Defendant’s behavior before and after the instant crime, and circumstances after the instant crime, etc., it is deemed that the Defendant was in a state that he/she had the ability to discern things or make decisions due to alcohol dependence after the instant crime, mental and behavioral disorder by alcohol use, depression disorder, etc.) under the suspended execution under Article 62(1) of the Criminal Act

1. Probation and the Medical Treatment and Custody Act; Article 62-2 of the Medical Treatment and Custody Act; Articles 2-3 subparag. 1 and 44-2 subparag. 1 and 44-2 of the Medical Treatment and Custody Act have no means to impose any criminal punishment on the defendant; the defendant is suffering from mental illness, such as alcohol dependence, mental and behavioral disorder by alcohol use; and the defendant appears to have reached the crime of this case in a state of mental and physical disability resulting from the above disease; therefore, the need to receive outpatient treatment and the risk of recidivism; and the defendant's age, character, and environment.