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(영문) 서울중앙지방법원 2016.10.27 2016고단4588
협박
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

At around 08:30 on May 21, 2016, when the Defendant was under confinement in the medical prison of the Government-si, Song-ro 111-76 (Jinsan-dong), the Defendant considered the victim D (50 years of age) in the same room in the medical prison C at the above medical prison C on the ground that the Defendant saw it from the toilet, and said, “I am hick that I am hick the Defendant’s hick,” and the Defendant expressed, “I am hick, I am hick, I am hick, as I am hick, I am, as I am the face of the victim of the toilet, and threatened the victim, “I am hick, I am hick,” and sound.

Summary of Evidence

1. Legal statement of witness D;

1. Each statement of E and F;

1. Application of Acts and subordinate statutes of each certificate of confinement;

1. Article 283(1) of the Criminal Code of the relevant Article on criminal facts (Selection of Imprisonment with prison labor) (Article 283(1) of the Criminal Code on the crime of this case appears to be asserted to the effect that the defendant was in a state of mental disability with mental illness and weakness at the time of the crime of this case. However, in light of the Defendant’s speech and behavior and attitude, statement contents, confinement period, degree of mental illness and treatment progress, etc. at the time of the crime of this case, it is difficult to view that the defendant was in a state of lacking the ability to discern things or make decisions with mental illness such as depression at the

The extent of violence exercised by the defendant is not serious.

While suffering from mental illness such as depression, it can be seen as a favorable circumstance even if it reaches this case.

However, even though the defendant was detained as a serious crime and was under trial, he did not know about it, and even without having interview, he committed the crime of this case against the reduction of the accommodation fees in the confinement facility.

As a result, the victim seems to have suffered a considerable sense of shame as well as fear of physical threat and treatment, and for this reason, the defendant's severe punishment is desired.

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