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(영문) 인천지방법원 부천지원 2019.06.12 2019고단504
특수협박
Text

A defendant shall be punished by imprisonment for six 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

Around 18:05 on February 13, 2019, the Defendant reported that the victim D (the age of 17) asked another person to see his/her snow, and threatened the victim with the following: (a) the kitchen, which is a dangerous object stored in the kitchen, in a state that the victim lacks the ability to discern things or make decisions due to non-quality mental disorder, etc.; (b) the kitchen (the total length of 32.5cm and 19.5cm in the knive length of knife) in a state that the victim’s D (the age of 17) is lacking the ability to discern things or make decisions.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Statement made to D by the police;

1. E statements;

1. Police seizure records and the list of seizure, and application of Acts and subordinate statutes reporting each investigation;

1. Relevant Article of the Criminal Act, Articles 284 and 283 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. Articles 10 (2) and 55 (1) 3 of the Criminal Act for statutory mitigation;

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

1. Although the nature of the crime of this case is not good for the reason of sentencing under Article 62-2 of the Probation and Medical Treatment and Custody Act, Article 44-2 of the Medical Treatment and Custody Act, it is deemed that probation and medical treatment order should be imposed while suspending the execution of punishment rather than sentencing sentence to the defendant for the correction of the defendant, considering the fact that the defendant was found to have committed the crime of this case on the second trial date, the defendant's mistake is recognized and against himself, the victim is not subject to punishment, the victim's initial crime is not subject to punishment, other non-quality mental disorder suffered by the defendant, etc.

Other arguments, such as the age, character and conduct, the environment, the motive, means and result of the crime of this case, and the circumstances after the crime.

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