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(영문) 부산지방법원 동부지원 2019.06.21 2019고합67

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 one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The Defendant, as a mentally handicapped person who seems to have mental symptoms such as damage, reputation, social degradation, etc. due to the presumed illness, had weak ability to discern things or make decisions. On December 15, 2017, around 01:10 on December 15, 2017, the Defendant threatened the victim D (here, 23 years of age) with the attitude of knife knife knife (25 cm in length), which is a dangerous object that he had different from the victim, was displayed on the victim’s knife in order to protect the victim.

Summary of Evidence

1. The defendant's partial statement (which was made after the fifth trial date);

1. Statement made to D by the police;

1. Police seizure records;

1. Application of Acts and subordinate statutes to each investigation report (Evidence List 7, 9);

1. Relevant Article of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the choice of punishment;

1. Article 10(2) and Article 55(1)3 of the former Criminal Act (amended by Act No. 15982, Dec. 18, 2018) (the defendant is deemed to have committed the crime under the state of changing things or lacking the ability to make a decision at the time of the instant crime due to an injury or illness, etc., and mitigation of mental or physical disability is considered to have been reduced)

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Articles 2-3 subparag. 1 and 44-2(1) and (2) of the Act on Probation and Medical Treatment and Custody, Etc. (as seen earlier, the accused is a mentally handicapped person with a reduced or exempted punishment pursuant to Article 10(2) of the Criminal Act and has committed an offense entailing imprisonment without prison labor or heavier punishment. In light of the status of the accused indicated in the aforementioned evidence, the background and details of the offense in this case, the behavior of the accused before and after the offense, details of the accused’s treatment, etc., the necessity for the accused to receive medical treatment and the risk of

1. The defendant under Article 48 (1) 1 of the Criminal Act is subject to confiscation.