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(영문) 춘천지방법원 속초지원 2014.07.02 2014고단99
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

At around 12:40 on March 26, 2014, the Defendant: (a) discovered the victim E (n, who was the biological site in which he had been delivered to the cuate in front of the “D” store located in Seocho-si, Sin, the Defendant threatened the victim with a knife (the age of 48), a deadly weapon (the total length of 35 cm and 22 cm in length of the knife) that was in possession of the Defendant on the ground that he would be punished by the hostage, and threatened the victim with a knife of the knife (the knife knife knife knife knife knife knife knife).

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes on the spot and blade photographs, seized articles and photographs;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, and Article 283 (1) of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

1. According to the records on the assertion of the Defendant and the defense counsel under Article 48(1)1 of the Confiscation Criminal Act, the fact that the Defendant suffered from mental illness, such as mental retardation and emotional distress disorder, as a mentally disabled person of the third degree in the mental retardation is acknowledged, but considering the background leading to the instant crime, the statement attitude immediately after the instant crime was committed, etc., it is difficult to view that the instant crime was committed in a state where the ability to discern things or make decisions is weak, and thus, the Defendant and the defense counsel’s claim for mental disorder is rejected.

The circumstances that are disadvantageous to the reason for sentencing: The defendant has been sentenced two times due to special robbery, etc., the circumstances that are favorable to the risk of criminal punishment: the defendant agreed with the victim, the fact that the person around him/her reported to the police after having the police assigned him/her to the police, and that the police officer voluntarily committed the crime before the error.

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