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(영문) 광주지방법원 2017.08.31 2017고단2147
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

[Majority Relationship] On July 6, 2016, the Defendant was sentenced to a suspended sentence of one year for special bodily injury at the Gwangju District Court, and the said judgment became final and conclusive on July 25, 2017.

[2] In a situation where the Defendant lacks the ability to either distinguish things from others or make decisions due to a mental fission (defluence) and lacks the ability to make decisions, on February 24, 2017, at around 17:20, the Defendant considered that he/she sees the victim E (44 years old) who was seated on the driver’s seat of the vehicle of this stacked freight and calls for telephone and takes a bath to himself/herself before he/she was located in Gwangju Nam-gu, Gwangju, and he/she takes a dangerous thing at the Defendant’s home located in the Nam-gu, Gwangju (30cm in total length, 18cm in length) and “in this context, he/she is made a telephone.”

Irrith of death.

The driver's seat in the victim's vehicle was crypted by drinking the victim's driver's seat, and the excessive amount was crypted by drinking the victim's snow and brut on the part of the victim's eye.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. E statements;

1. A photograph of a dynamic image closure;

1. Written opinions, medical records, and certificates of persons with disabilities;

1. His/her previous offense relationship: A reply to inquiry, such as criminal history, a report on investigation (Attachment of a judgment and confirmation of a case in the process of trial), a copy of each relevant judgment, and the application of statutes on substantial facts to this court;

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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. Subparagraph 1 of Articles 44-2 and 2-3 of the Act on the Protection, Observation, Medical Treatment, Care, etc.;

1. The grounds for sentencing under Article 48(1)1 of the Criminal Act and the need for medical treatment order are similar to that of the Criminal Act, and there is a record of being sentenced to a suspended sentence of imprisonment, and the case is not less exceptionally due to poor methods and contents of the crime.

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