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(영문) 수원지방법원 안양지원 2016.10.07 2016고단940
특수협박
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 14:40 on May 26, 2016, when the defendant lacks the ability to discern things or make decisions due to depressions of severe symptoms with mental disorder, the defendant divided the two parts of the defendant's knific lid (24 cm in total length, 11 cm in knife) with the entrance of the entrance of 505 the defendant's dwelling at militaryposi-dong C, 504 and the victim D's dwelling at the entrance (505 cm in total) which is dangerous in the corridor (24 cm in length, 11 cm in knife).

이에 피해자가 현관문을 열자, 피고인은 열린 문틈으로 위 과도를 들이대며 피해자를 향해 찌를 듯한 시늉을 하면서 "나올 테면 나와

I see, I am see on the rooftop, and I am see, I see on the rooftop, and I am son.

and sound has been done.

Accordingly, the victim, who closed the front door, and the defendant returned back to his house, followed again, followed the victim's house door door by sending back the door door, and threaten the victim's house door by twice with the hand in the knife.

Accordingly, the defendant threatened the victim with carrying dangerous things.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. Notice of hospitalization and statement of opinion;

1. Application of the Acts and subordinate statutes to a CCTV image closure photograph;

1. Relevant Article of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the choice of punishment;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing in Article 62-2 of the Criminal Act on Probation [Scope of Recommendation in Sentencing] - Types 4 (Habitual Offense, Cumulative Intimidation), mitigated area (4 to 1 year) (Special Intimidation) - Specially mitigated person: A person with mental or physical disability [decision of a sentence] - Unfavorable circumstances: A person with mental or physical disability (not responsible in person): A person with mental or physical disability who has been punished several times for violent crimes. - a reasonable circumstance: the defendant is recognized to commit a crime and reflects himself/herself, and the defendant has a state of mental or physical disability due to depression

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