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(영문) 대구지방법원 서부지원 2018.10.05 2017고단2807

특수협박등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around October 17, 2017, the Defendant made a threat to the victim E (34 years of age), the head of the administrative team of the hospital, arguing that the Defendant would have re-hospitalized the Defendant at the sick room of 1207 of C hospital (Tgu-gun D) on which the Defendant had been hospitalized with mental illness in the past on October 17, 2017, and claimed that she would have been hospitalized again, and that she would have tried to drink alcohol and work he/she had, and that he/she would have been hospitalized, he/she would take the procedure of hospitalization, and would have taken the procedure of hospitalization, and that he/she would have been in danger in the sick room (20cm in total length, 10cm in length, and 10cm in blade).

2. On October 17, 2017, the Defendant obstructed the operation of the hospital by the operator of the above hospital as the victimized person for about 30 minutes, such as where he/she gets hospitalized at the 11th floor of the above hospital by drinking in front of the hospital, and dumped the presses of his/her own disturbance, and dumping the disturbance, and obstructed the operation of the hospital for about 11 minutes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each statement of E and F;

1. Application of the Acts and subordinate statutes of evidence photographs;

1. Relevant Articles 284, 283(1) (special intimidation) of the Criminal Act, Article 314(1) (Interference with Business) of the Criminal Act, and the choice of imprisonment for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. In full view of all the circumstances, including the fact that the defendant's reasons for sentencing under Article 62 (1) of the Criminal Act recognize and reflects his mistake, the fact that the defendant has agreed with the victim of a special intimidation, the fact that the victim of a special intimidation is not healthy (such as alcohol dependence, early illness, etc.), the fact that the crime is contingent, the degree of damage, circumstances of the crime, degree of the crime, the degree of the crime, the criminal records, the prosecutor's punishment (two years of suspended sentence in imprisonment for a year).