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(영문) 서울중앙지방법원 2016.12.09 2016고합759

특수협박등

Text

A defendant shall be punished by imprisonment for 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

Punishment of the crime

The defendant has been receiving medical treatment from C Council members since 2005 with a Compilation mental disorder certificate and has weak ability to discern things or make decisions due to mental or physical disorder.

1. At around 11:05 on July 22, 2016, the Defendant listened to the victim E (the age of 23) of the victim E (the age of 24) who is a one-way (the age of 24) of the Jongno-gu Seoul subway Line No. 5 of the Jongno-gu Seoul subway Line, and took the victim’s cabb (the total length: approximately 29.5 cm, the net head length: approximately 3.5 cm), which was a dangerous thing used in his hand, on the head, and acted on the victim’s cabb (the age of 24) by putting the victim’s cabba (the age of 24) on the head.

Accordingly, the defendant carried dangerous articles and threatened victims.

2. The Defendant, in violation of the Punishment of Violences, etc. Act, put saws (a total length: about 41cc, about 19cc, about 19cc., about 19cc., about 19cc.) and excessive (a total length: about 25cc., about 15cc., about 15cc.) into white factoring.

Accordingly, the defendant carried dangerous objects that are likely to be used for crime without justifiable reasons.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. Seizure records;

1. Mobile phone screen pictures;

1. A mental appraisal report;

1. Application of Acts and subordinate statutes to a criminal investigation report (No. 13 attached to deadly weapons held by a suspect at the time of committing a crime), investigation report (No. 14 attached to photographs and CCTV images), investigation report (No. 20 attached to a suspect's written confirmation, evidence list No. 21 attached to a written diagnosis, evidence list No. 21 attached to a written diagnosis), investigation report (no. 23 attached to evidence list), investigation report (to hear a suspect's telephone statement, evidence list No. 23);

1. Articles 284 and 283 of the Criminal Act concerning the facts constituting the crime;