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(영문) 서울중앙지방법원 2017.02.08 2016고단7140
특수협박등
Text

A defendant shall be punished by imprisonment for six 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

A. A. Special intimidation: (a) around September 22, 2016, when the Defendant lacks the ability to discern things or make decisions due to a net type of illness; (b) around September 13:30, 2016, the Defendant, within the philosophical hall operated by the victim D (68 taxes) located in Gangnam-gu Seoul Metropolitan Government, philosophical group, which is a dangerous object purchased in advance on the victim’s philosophical book on the victim’s business-related philosophical hall; and (c) the victim, stating that “I 50,000 won in Korea, or in Korea, I see that I will inflict harm on any person’s life or body unless I respond to the Defendant’s request.”

B. In light of the fact that the Defendant had weak ability to discern things or make decisions due to the net-type type of illness, the Defendant, at around September 15:30, 2016, with a net value, which is a dangerous object purchased in advance at the above place ( approximately 37 cm in total length, approximately 12 cm in total), and thereby, damaged F, who is female employees, by using the above net value, thereby making it possible for F to have the head of the Gu as soon as possible. In addition, the Defendant destroyed the two lapt North Korea unit, three liquids, counseling rooms, glass room, and books, etc., which are owned by the victim D.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. Stop photographs;

1. On-site photographs;

1. Statement made by the police with regard to D;

1. Application of Acts and subordinate statutes as a result of mental appraisal of a treatment and custody center;

1. Relevant legal provisions of the Criminal Act and Articles 284, 283(1) (a) and 369(1), and 366 of the Criminal Act concerning the crime, the selection of punishment for imprisonment;

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

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. The reason for sentencing under Article 48(1)1 of the Criminal Act is not to be weak, but to the effect that the defendant reflects the defendant, to the point that the defendant was in an mental or physical weak condition, to the extent that the defendant agreed with the victim, and to the point that there is no record of the crime.

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