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(영문) 의정부지방법원 2017.06.21 2017고단1880
특수협박등
Text

A defendant shall be punished by imprisonment for four 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

When the Defendant lacks the ability to discern things or make decisions due to mental division, the Defendant, around March 14, 2017, at around 18:35, 2017, went into the house of the Victim C (V, the age of 56) of Gyeonggi-si, 2017, and the victim installed a knife in the Defendant’s house, and found the knife (knife length: approximately 11cm, approximately 14cm in length: approximately 14cm in length) (No. 1) with the knife (No. 14cm in length) and threatened “I am as soon as possible,” and made the knife the entrance owned by the victim to damage repair costs by 10 times.

Accordingly, the defendant carried dangerous objects and threatened the victim with the property and damaged the property.

Summary of Evidence

1. Statement by the defendant in court;

1. Entry of C’s statement;

1. Photographs of damage, records of seizure and list of seized articles, respective descriptions of seized articles, and the application of statutes on images;

1. Relevant legal provisions of the Criminal Act, Articles 284, 283(1) (a) of the Criminal Act, Articles 369(1) and 366 of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

1. Article 10(2), Article 10(1), and Article 55(1)3 of the Criminal Act to mitigate mental and physical weakness;

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes with severe special intimidation) for concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. For the reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act [the scope of the statutory applicable sentences] Special Intimidations: Imprisonment with prison labor for not more than ten years and six months [the types]: Class 4 of the crime of intimidation among violent crime groups (Habitual, repeated, repeated, special intimidation): Type 1 of the crime of habitual, repeated, and special damage (Habitual, repeated, special damage, etc.) of the crime of destruction of property among the crime of destruction: Each of the mitigated factors [the person subject to special sentencing] of the crime of destruction of property for one year from April of the mitigation area: Imprisonment with prison labor for the mitigation area; imprisonment for the mitigation area; [the standards for the application of multiple crimes] of the crime of destruction of property for four months from April of the mitigation area;

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