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(영문) 인천지방법원 부천지원 2018.07.06 2017고단3027
특수협박
Text

A defendant shall be punished by imprisonment for not less than five months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around November 9, 2017, when the Defendant lacks the ability to discern things or make decisions due to detailed unknown mental illness, the Defendant: (a) reported the victim C (46 years old) and his/her working at the stage of the floor of the Dolle-ro 1, Seocheon-ro, Seocheon-ro, Seocheon-do, Seocheon-do, and tried to prepare for the event “fire-fighting Day” at the above square; and (b) sought to attach gas weapons and newspapers in his/her possession, and as the above, the Defendant tried to attach tea and fire.

As the victim and his behaviors preparing for the above event were prevented from committing the act of the defendant, the victim and his behaviors committed the act of the defendant, and the victim threatened the victim with the excessive amount (20 cm in total length, 10 cm in length on the day) which is a dangerous object in possession of the bath that "I am bad son, before her death and death," and 3 to 4 times in length.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness C and D;

1. Each statement of C, E, D, and F;

1. Application of Acts and subordinate statutes to records of seizure and list of seized articles and photographs thereof;

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. Article 62 (1) of the same Act on the grounds for sentencing as follows;

1. Article 62-2 of the Criminal Act on the observation of protection;

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act [the scope of recommendation] / [the scope of punishment / [the scope of recommendation] / [the scope of punishment / [4 months to 1 year] mitigation area (4 months to 1 year] / mental and physical weakness (no person responsible for him / her] / the sentence of this case / The crime of this case is not less and less likely to cause a serious result, and is not agreed with the victim, etc., which are favorable to the defendant.

However, the defendant committed the crime of this case in the state of mental and physical weakness due to the fact that the defendant is a primary offender who has no record of criminal punishment in the past, or an ambiguous mental disorder, etc., and a serious result has occurred.

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