Text
A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On January 2017, the defendant called the victim C (38 tax) who is the birth partner in a private village in a around 2017 and borrowed the "60 million won" and paid a large amount of interest.
Although the victim refused this, the victim demanded that the victim lend money by telephone several times until April 2017, but the victim refused this and avoided the contact of the defendant.
Accordingly, the upper limit of the term portion is as follows: 01:30 on April 9, 2017, the victim was found to be the house of the victim located D at 01:30 on April 9, 2017 and the victim was divided between the victim and the victim.
What was the error in internal matters;
Whether a sentence is not deemed to be one another’s text;
그런데 뭘 그렇게 기분 나쁘게 쳐다보냐
“I tell the Defendant,” and the Defendant thought that the Defendant was the victim’s disregarding himself, and “I am dead;
The victims threatened the victim with a knife (40.5cm in total, 25.5cm in length, knife) which is a dangerous object prepared and kept in advance, with a sound as "this knife", and which is a dangerous object.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement made by the police against C;
1. Report on seizure (voluntary submission), list of seizure and investigation report (to hear statements by victim C phone);
1. A description of the photograph of seized articles [the defendant and his defense counsel held that the defendant was in a mental and physical weak condition due to depression during the crime of this case;
The argument is asserted.
However, in light of the following circumstances: (a) the process and process of the instant crime; (b) the means and method of the instant crime; and (c) the conduct before and after the instant crime, the Defendant was receiving treatment due to depression and shock.
Although it is found that there was a lack of ability to distinguish things or make decisions.
It is not visible.
Therefore, the above argument is without merit.
Application of Statutes
1. Article 284 of the Criminal Act applicable to the facts constituting an offense and Article 284 of the choice of punishment;