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(영문) 대전지방법원 공주지원 2017.11.17 2017고단228
특수협박
Text

A defendant shall be punished by imprisonment for four 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

On July 16, 2017, the Defendant was driving at around 10:30 M. C. S. T. T. B., while driving the national highway of 32 in the Daejeon-gu, it became a starting point with the victim E (45 tax) who was driving the DM5 vehicle in the same direction, and became an obstacle to the course of the operation.

The Defendant, at a point 1 km from the Chungcheong Science High School located in 1351-15 on a gold wall to prevent the difference of the victim, above his knife at a point of 1km in the direction of the public domain, gets off, and then knife the knife from the knife, which is a dangerous object that was kept in his own vehicle ( approximately 8cm in length, approximately 11cm in knife).

In other words, as the victim is threatened, it threatens the victim, and continuously, the victim is able to inquire about the vehicle number and die at two new walls.

“ Intimidation, etc.” was made.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partially the police officers of the accused;

1. Statement made by the police for E;

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

1. Each internal report and each photograph (the defendant and his/her defense counsel will threaten or kill the victim as knife with a knife);

Although the victim asserts that there was no fact, the victim was threatened by the defendant as stated in the facts charged at the investigative agency.

In light of the fact that the situation at the time was written in detail and the defendant appears to be reliable, while the defendant was receiving treatment, such as depression and anxiety, at a mental hospital for not less than two years, it seems that the victim was considerably interested at the time of committing the crime, and it is only deemed that he/she could not accurately memory his/her behavior.

Application of Statutes

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 Care, Custody, etc. Act, which shall include observation and treatment orders;

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