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(영문) 대전지방법원 2019.09.06 2019고합123
특수협박
Text

A defendant shall be punished by imprisonment for six months.

Seized evidence No. 1 shall be confiscated.

An applicant for medical treatment and custody shall be subject to medical treatment and custody.

Reasons

Punishment of the crime

[Criminal Power] Defendant and the candidate for medical treatment and custody (hereinafter “Defendant”) were sentenced to a suspended sentence of two years for a violation of the Railroad Safety Act in the Daejeon District Court on January 12, 2018. The judgment on January 20, 2018 becomes final and conclusive, and is currently under suspended sentence.

【Criminal Facts】

The defendant is a person who has the weak ability to discern things or make decisions due to the on-site illness.

On February 25, 2019, around 09:55, the Defendant threatened the victim B (56 years of age) and the multiple-use knife, which is a dangerous object in the Madern arm’s length, with the aim of viewing the civil petition work at the end, on the ground that the Defendant deposited the emergency living support fund applied by the Defendant into the Defendant’s national bank account, not the agricultural cooperative account, in the Geumsan-gun Office’s 13-ro, Geumsan-gun, Geumsan-gun, Chungcheongnam-gun, Sinsan-do., the Defendant threatened the victim B (7Cm in length on a day) with the victim’s knife in order to view the civil petition work at the end.

[Fact that constitutes a cause of a request for medical treatment and custody] The defendant is a person who commits a crime corresponding to imprisonment without prison labor or heavier punishment under the circumstance that he/she has a weak ability to discern things or make decisions due to a on-site illness and needs to receive medical treatment at a medical treatment and custody facility to treat mental disorders, adapt to society

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to C, D, B, and E;

1. Police seizure records;

1. Reports on internal investigation (the attachment, etc. of deadly weapons used by a suspect), internal investigation reports (related to attachment to a report processing table of 112), internal investigation reports (Attachment to a report on mental health center of a suspect), investigation reports (Attachment to a record of counseling by a mental health center of a suspect), investigation reports (as a result of the analysis ofCCTV), investigation reports (Attachment to a report on investigation by a national public hospital of a suspect), investigation reports (Attachment to a report on suspect A, written opinion of

1. Notification of the result of mental appraisal;

1. Previous records of judgment: Criminal records;

1. Necessity of the medical treatment as indicated in the judgment and risk of recidivism: The above mentioned;

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