[Defendant-Appellant]

Seized evidence 1 or 2 shall be confiscated.

From January 2012, the Defendant was receiving mental treatment due to symptoms of depression disorder, etc., and was registered as a person with a disability of cerebriform encephalopathy on July 24 to 30 of the same month from July 2013, 2013, when enlisted in the military on February 19, 2013, the Defendant was hospitalized in the C Hospital Mental Health Department from July 24, 2013 to July 30 of the same month after being hospitalized in the military as full time reserve at the C Hospital’s mental health department, during the period from July 24, 2013.

On the other hand, on July 25, 2014, the Defendant was discharged from military service after being judged disqualified from service due to a disease, such as cerebral disease, and filed an application for registration of a person of distinguished service to the State. However, on the two occasions on November 13, 2014 and August 24, 2017, the Defendant received a decision on the non-applicable amount of official duty from the Ministry of Patriots and Veterans Affairs on two occasions. On June 23, 2015, the Defendant also dismissed a request for revocation of a decision on non-applicable amount of official duty which was filed with the Central Administrative Appeals Commission on June 23, 2015, the Defendant sought from the President and the head

On April 2, 2018, at around 11:13, 2018, the Defendant, through the presidential office, requested the registration of a disease caused by harsh acts in military service as a person of distinguished service to the State through the Office of Patriots and Veterans before the Defendant’s residence in Seoul DD building E, the Defendant had already made a decision corresponding to the amount of no official duty at the time of his military service. Since the administrative appeal on the disposition was dismissed, the Defendant was sentenced to a reply that it is impossible to register as a person of distinguished service to the State, and was

Accordingly, the defendant sent a message to the head of the Franchi to the effect that he could not register as a person who has rendered distinguished services to the State at the Franchis Office around that time, and sent the message to the head of Franchis, "I will move to a few route." At around 11:20 on the same day, the defendant called "I would kills children or the elderly within one hour after being opened for registration as a person who has rendered distinguished services to the State," and called "I would kills children or the elderly within one time........" At this time, the defendant started to move to the Grachis, with the 1st (kn length, 7.5 cm, 20 cm length, 20 cm, No. 1) of the roof in his house, which is a dangerous object, while carrying it in another excessive 1st (knknth 5 cm, 24 cm length, No. 24 mn. 2), which is the dangerous object, and then the defendant 131 p.

At around 11:39 of the same day, the Defendant: (a) entered a school office by causing K, who is an assistant principal of the above school, to obtain a certificate of graduation; (b) entered the school; (c) discovered the victim L (11) from the school office; and (d) arrested the victim from the back to the left hand; and (e) threatened the victim's knife by threatening the victim's knife to the knife; and (c) arrested the knife to the left hand; and (d) arrested the knife to the knife of the victim; (d) tried to have the knife, who is an assistant principal of the above school, and the victim N (n, 40 years of age) who is the teacher, do not have any duty to send the knife to the school; and (d) attempted to arrest the police officer after being called out to the police officer as a report.

Summary of Evidence

1. Partial statement of the defendant;

1. Each prosecutor's protocol of examination of the accused;

1. Each police statement of the N, K,0, M, and P;

1. Stenographic records or statement-recording CDs on L;

1. On-site reports (case related to the analysis of CCTV images of a suspect), investigation reports (related to those held by the suspect), investigation reports (related to photographs around the criminal scene), investigation reports (related to the attachment of photographs around the criminal scene), investigation reports (related to the notification of investigation reports) (in comparison with the civil petition filed by the office of the Ministry of Patriots and Veterans Affairs), investigation reports (related to the notification of investigation reports) (in comparison with the civil petition filed by the office of the Ministry of Patriots and Veterans Affairs), seizure records, seizure records, list of seizures, investigation reports (related to the analysis of CCTV images of a suspect before committing a crime), investigation reports (related to the excessive relation cited by a suspect in his/her hands), investigation reports (related to the case involving the receipt of civil petitions by the office of the Q2-Gu), investigation reports (related to the case involving the receipt of civil petitions by the office of the suspect), investigation reports (related to the

1. 112 reported case handling slips, each civil petition reply, civil petition documents, and G Messenger;

1. Application of the Acts and subordinate statutes concerning visual data, such as photographs of the victim, pictures, criminal implements photographs, etc., which are taken by the suspect and the hostage at the time of committing the crime, photographs of the moving from the suspect's residence to the J elementary school, video data, and video data of the moving starting line from the suspect's residence to the J elementary school, and video data of the J elementary school;

1. Article applicable to criminal facts;

Articles 324-5 and 324-2 of the Criminal Act (the attempted coercion of hostage) and Articles 320 and 319(1) of the Criminal Act

1. Aggravation for concurrent crimes;

Concurrent Crimes in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act concerning attempted coercion (to the extent that the sum of the long-term punishments of the above two crimes is aggregated)

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

Judgment on the argument of the defendant and defense counsel

1. Summary of the assertion

At the time of the instant case, the Defendant committed a crime under the lack of the ability to discern things or make decisions due to the symptoms of cerebrovascular, Chon-in disease, pathy, and pathy.

2. Determination

According to the records, the Defendant’s appeal of cerebrovascular symptoms during military service was subject to the disposition of discharge from active service, and was registered as class 4 of disability, and thereafter, the fact that the Defendant received medical treatment on a regular basis in C Hospital’s mental health department, and neneology. However, in full view of the following facts acknowledged by the evidence duly adopted and investigated by the court and the circumstances that could be inferred therefrom, it cannot be deemed that the Defendant had weak ability or decision-making ability to discern things at the time of committing the instant crime. The above assertion by the Defendant and the defense counsel is rejected.

(1) The Defendant seems to have engaged in social and workplace life, such as monitoring of welfare facilities for persons with disabilities under the contract with Qgu Office.

(2) Bribe is a cerebral disease that occurs intermittently, and barring any special circumstance, it appears that the cerebral wave itself does not have known to the point of suffering from an impediment to the division of dust or decision-making. Furthermore, in light of the progress of the instant crime as indicated in the record, the instant crime cannot be deemed to have been affected by cerebral disease in light of the following: (a) in the event of occurrence of cerebral wave, the patient would lose awareness or have difficulties in controlling one’s body.

③ The Defendant sent G message to the head of Q2 immediately before the instant case (Evidence No. 961 of the Evidence Record), and the said message has a logical and logical structure to a certain extent. In addition, the Defendant, at home, went to J Elementary School, and was found to have been issued a certificate of graduation to school security officers to enter the school. In light of the above circumstances, the Defendant appears to have maintained the ability of the Defendant at the time of the instant case to return or return, and did not seem to have been affected by the passage of the Republic of Korea, thinking, and determination.

④ At the request of the defendant’s defense counsel, this court conducted a mental evaluation on the defendant. The result of the second radiation examination on the defendant and the second brain shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot. In particular, the appraiser who appraised the mental state of the defendant was shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot shot.

1. Reasons for sentencing: Imprisonment with prison labor for not less than three years nor more than 35 years;

2. Scope of recommendations based on the sentencing criteria: Not setting;

3. In the case of the sentence, the Defendant committed a crime against a female who has difficulty in resistance at an elementary school, which is the place of protecting and fostering the students, using a deadly weapon at a low age, with the knife the knife of the victim L, which is 11 years old. In light of the criminal intent, method, interview and danger, etc., the crime is very poor. The Defendant was committed not only by the victim and his family members, but also by the ordinary family and society. In particular, the victim was deemed to have caused extreme fear at the time of age. Moreover, it is extremely probable that the victim might not have caused serious stress disorder that may adversely affect the formation of character or interfere with school life. Furthermore, the Defendant did not have received any appearance from the victims up to now. Such circumstances are inevitable to punish the Defendant as an element for sentencing that is disadvantageous to the Defendant.

However, there is no record of criminal punishment against the Defendant. In addition, the Defendant appears to have not been subject to appropriate education and guidance at home and at school, such as the parents divorced, leaving high school at a time for three months, etc. In addition, the Defendant appears to have influenced the instant case by distorted nature formed over a long time, thinking, suffering awareness of damage, decentralization, etc. The Defendant still seems to have a young age that may expect improvement and edification, and maintained a ties relation with the family.

In addition to the above circumstances, the punishment as ordered shall be determined in consideration of the various sentencing conditions shown in the arguments in the instant case, such as the motive, means and consequence of the crime, the circumstances after the crime, the defendant's age, character and conduct, environment, and family relationship.

Judges Park Jae-ran

Judges Chief Democratic