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(영문) 서울동부지방법원 2016.06.15 2016고단343
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

On February 8, 2016, the Defendant: (a) resided at the entrance of the first floor of the D Gosiwon Building located in Seoul, under the influence of changing things or making decisions, and discovered that the victim E (50 years old) was living in the above Gosiwon’s building located in Seoul, and did not have any conflict with the victim; (b) however, the Defendant threatened the victim by putting in his hand the excess of dangerous things (22cm in total length, 9cm in length and 9cm in length) that were in possession on the ground that the victim’s expression “influence” was contrary to the victim’s “influence.”

Summary of Evidence

1. Legal statement of E;

1. Statement made by the police for E;

1. A E-document;

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

1. Application of the Acts and subordinate statutes to a photograph of seized articles, a dynamic image photograph;

1. Relevant Articles 284 and 283 (1) of the Criminal Act concerning the facts constituting an offense. Article 283 (Selection of Imprisonment);

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

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

1. Reasons for sentencing under Article 48 (1) 1 of the Confiscation Criminal Act / [the scope of recommendations] The mitigated area (4th - 1 year) of the mitigated area (4th - 1 year): The person who is sentenced to special mitigation: the mental and physical weakness (no one is responsible for him) / [decision of sentence] the defendant appears to have committed this case due to mental illness (no one is recognized as any mental and physical loss), the defendant does not directly exercise physical power against the victim, and the victim would be able to have "if the defendant has been promptly treated for treatment and has left in society."

It is so decided as per Disposition in consideration of all the sentencing conditions, including the defendant's age, that the defendant is given priority to treatment, that the defendant is in need of treatment, that there is no record of punishment other than the punishment of fine of 200,000 won or more due to the business situation in 191 and the crime of bodily injury.

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