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(영문) 인천지방법원 2018.12.13 2018고단5513
특수협박
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

The Defendant, at around 18:49 on June 25, 2018, under the state that the Defendant had the ability to discern things or make decisions due to the on-site illness, threatened the victim F (F) of the victim F (F, 19 years old), who was on the way, with “her knife” in front of the D Hospital E convenience stores located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon. In addition, the Defendant repeatedly threatened the victim by stating that “on the part of the Defendant’s flag, 19.5cm in total, 19.5cm in length, 9cm in length, 9cm in length), one knife in the part of the Defendant, who was requested to report against the surrounding actors, and repeatedly threatened the victim by stating that “on the part of the victim who was requested to report on the knife knife knife knife knife knife knif.”

Summary of Evidence

1. Statement by the defendant in court;

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

1. Protocols of seizure, list of seizure and photograph of seized articles;

1. Investigation report (to listen to the statement of a shot person by telephone);

1. Application of Acts and subordinate statutes concerning the image pictures of a victim;

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

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

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

1. Article 62-2 of the Criminal Act and Article 44-2 of the Medical Treatment, Care, Custody, etc. Act to observe the protection and order for medical treatment;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] the scope of the sentence [the scope of the recommended punishment] and the area of mitigation (four months to one year), the area of mitigation (special mitigation) [the person specially mitigated] the mental and physical weakness (no one is responsible for such crime);

2. The crime of this case by which the sentence of sentence was rendered is highly likely to threaten the victim who had a knife, which is a dangerous object, by carrying the knife, and thus, is not good;

On November 30, 2017, the Defendant again committed the instant crime during the period of probation, even though he/she was sentenced to one year to six months of imprisonment with labor for special injury by the Incheon District Court on November 30, 2017.

The result of the court's request for mental appraisal of the custody center for treatment and custody, the defendant's non-conceptic self-deceptic accident, etc.

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