beta
(영문) 서울남부지방법원 2015.12.15 2015고단3743

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

A defendant shall be punished by imprisonment for 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

Punishment of the crime

At around 10:50 on June 18, 2015, the Defendant: (a) was in the state of having the ability to discern things or make decisions due to mental symptoms, and around 10:50 on June 18, 2015, in front of the Gangseo-gu Seoul Metropolitan Government apartment house 103, the Defendant: (b) was the victim D (the age of 66), the victim E (the age of 60), the victim F (the age of 66), and the victim F (the age of f6) was found, and threatened the victims of the knife knife (the total length of 34cm, the knife length of 21cc).

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, and F;

1. Each statement of G and H;

1. The application of Acts and subordinate statutes to search records, records of CCTV recording on the spot, photographs extracted, and each investigation report;

1. Articles 284 and 283 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Article 62 (1) of the Criminal Act (General Considerations as follows);

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act [the scope of recommendation] mitigated area: Type 4 (Habitual Cumulative Offense, Special Intimidation): From April to one year (Special Intimidation) [the person in charge of mental illness], the defendant's behavior is highly likely to cause serious harm to people, and the nature and circumstances of the crime are weak.

However, according to the Defendant’s speech and behavior at the investigative agency and court, and the diagnosis and treatment records of the Defendant, etc., the Defendant appears to have committed a crime in a state of mental disorder caused by mental illness. In this court, the victims do not want the punishment of the Defendant by mutual consent with the victims, there is no criminal power, and there is no reflective nature, etc., the sentence of suspended execution like the order shall be sentenced.