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(영문) 창원지방법원 통영지원 2017.08.17 2017고단357
특수협박
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

The defendant is a person who has a lack of ability to discern things or make decisions due to his or her early illness.

On December 28, 2016, at around 12:37, the Defendant, within the D convenience store located in Busan Shipping Daegu C, threatened the Victim E, a deadly weapon (12cm in length) he purchased in advance, without any justifiable reason, from the victim E, who was an employee, to threaten the victim E, and subsequently, threatened the victim E, a deadly weapon (12cm in length), who was in possession of the victim E (18 years old), at the same time, from the above convenience store, at around 12:45 on the same day, and then threatened the victim F (26 years old) who was going forward before the above convenience store, without any justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

1. Police seizure records and list of seizure;

1. Filing an investigation report (including a medical certificate attached - for attachment of a A diagnosis certificate), application of laws and regulations on investigation reports (including site photographs attached);

1. Relevant provisions of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the selection of criminal facts;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act, which is to be mitigated by law;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act; Articles 44-2 (1) and 44-2 (2) of the Medical Care, Custody, etc. Act, which shall observe the protection and order for medical treatment;

1. The need to issue a medical treatment order under Article 48(1)1 of the Confiscation Criminal Act and the reasons for sentencing are that the Defendant, without any particular reason, threatened victims without any reason, who are dangerous objects.

However, there are no records of criminal punishment; the defendant appears to have committed the crime of this case in a state of mental and physical weakness due to early illness; the mental health status of the defendant revealed in the preceding investigation before the judgment; and other conditions of sentencing as shown in the records of this case, including the character and conduct, environment, motive, means, and consequence of the crime.

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