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(영문) 대구지방법원 2018.05.18 2018고단830
특수협박등
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 December 14, 2017, around 09:30, the Defendant demanded the victim E (37 years) who is the director and employee of the D Hospital located in Daegu-gu, Daegu-gu, to be able to get a prescription instead of the defendant's live-in person, but was rejected, the Defendant was able to be able to have the defendant's drug.

On December 14, 2017, at around 10:50 on December 14, 2017, the Defendant possessed a knife (32cm in total length, 12cm in knife, 20cm in knife) which is an object dangerous to the 1st floor of D Hospital 1, and found the victim, and knife the victim with the knife knife knife toward the victim, and the knife knife knife knife died.

The victim threatened the victim while making the victim "Iskn, Isn, Isn, Isn, Isn, Isn," and as above, the victim interfered with the administration affairs of the hospital of the victim by force, by avoiding the disturbance between 15 minutes, and by failing other patients to receive it.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Police seizure records and list of seizure;

1. Application of Acts and subordinate statutes to photographs of seized articles;

1. Relevant Article 284 of the Criminal Act, Articles 284 and 314 (1) of the Criminal Act, and the choice of imprisonment for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act (hereinafter “Confiscation”) committed the instant crime by putting a knife, which is a dangerous object of the Defendant, and as the Defendant had a majority of criminal records of the same kind of violence, it is unfavorable that the degree of violence tendency seems to vary.

Considering the fact that the actual damage caused by the Defendant’s instant crime appears to be insignificant, the fact that the Defendant voluntarily set the knife at the time of the instant crime, the fact that the Defendant’s health appears to be insufficient, and the fact that the Defendant is against the law, etc., a favorable circumstance is considered.

In addition, the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the age, sex, etc. of the accused, shall be determined as per the order.

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