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(영문) 대전지방법원 2016.11.09 2016고단2703

특수협박

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

At around 16:00 on June 25, 2016, the Defendant: (a) discovered the victim D, who is an apartment resident of the same apartment in his/her home country, and was in possession of a deadly weapon (12cm in knife length) in the victim’s side, and threatened the victim with “the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif knife kn

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each photograph;

1. Records of seizure and the list of seizure;

1. Application of statutes to a copy of a welfare card, each written confirmation of hospitalization, and each written opinion;

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

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;

1. Probation under Article 62-2 of the Criminal Act;

1. The scope of recommendation, sentence, and sentence [the basic area ( June to June to June) of the crimes of intimidation] according to the sentencing guidelines for sentencing under Article 48(1)1 of the Confiscation Criminal Act and the following circumstances shall be determined in consideration of the reasons for sentencing:

The circumstances disadvantageous to the defendant: The defendant has been sentenced twice to a fine due to the crime of assault, etc.; the victim is punished by the defendant; there is no penalty force except for those sentenced twice: the defendant has been under medical treatment for a considerable period of time due to symptoms, such as syllogic and bipolartic disorder, etc. with a mental disorder of class 3; the defendant was under temporary neglect of taking drugs due to the death of a police officer at early 2016, which led to the crime of this case; the defendant's family members wish to take appropriate measures to prevent recidivism, such as hospital treatment, etc. of the defendant; the defendant's family members wish to take appropriate measures to prevent recidivism; and the defendant recognized the facts of the crime.