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(영문) 부산지방법원 2015.06.25 2015고정1132
공갈등
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant, in the state of having weak ability to discern things or make decisions due to the on-site illness, was frightened by having a different impression from the victim E in front of the "Dmat" located in the Busan Sho-gu, Busan, on August 8, 2014 and sounded “(67) to change the tobacco value. 20 million won.”

The defendant was delivered 2,00 won to the victim of frightage.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of E;

1. Relevant Article 350 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Under Articles 10(2) and 55(1)6 of the Criminal Act for statutory mitigation (a person with a mental disability who has undergone a diagnosis of mental second degree disability, the Defendant received outpatient treatment from a psychiatrist from December 11, 2013, and was hospitalized under the name of a diagnosis called a "spulphy" from December 8, 2014, etc., it is reasonable to view that the Defendant was in a state that the Defendant had the ability to discern things or make decisions due to the injury at the time of each of the instant crimes. In full view of various circumstances, such as the means and method of the instant crime, the criminal defendant's behavior before and after the instant crime, the defendant's statement made by the investigative agency, etc., it appears that the Defendant did not have the ability to discern things or make decisions, and thus, the defense counsel's allegation of mental disorder is not accepted).

1. Penalty fine of 500,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. Article 59(1) of the Criminal Code of the Suspension of Sentence provides that the defendant commits the crime of this case in a state which has weak mental and physical disorder due to a mental fission, etc., considering the circumstances leading to the crime, the defendant reflects his own crime, the amount of damage is minor, and the victim is punished against the defendant.

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