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(영문) 의정부지방법원 고양지원 2017.02.16 2016고단3234
특수존속협박
Text

A defendant shall be punished by imprisonment for four 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

The defendant lacks the ability to discern things or make decisions due to mental illness, such as mental disorder, etc.

On October 17, 2016, at the defendant's house located in Pakistan around 21:40 on October 17, 2016, the defendant requested the victim D (at 61 years of age) who is the defendant's mother, to allow him to settle a small amount of mobile phone, and the victim refused to do so, and he gets disturbed by gathering food on the floor in the cooling house located in the kitchen, such as being kept in the kitchen, etc., the victim D was the neighboring victim E (54 years of age) and 2 knife (30cm length of knife) which is dangerous articles in order to see the defendant, and as the victim was knifeed, knife the victim's knife by opening a door, and brought it into the house.

Babk Bab

“The term “assumed” means a large sound.

Accordingly, the defendant carried dangerous things and threatened the victim D and the victim E who is a lineal ascendant of the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol of D;

1. A protocol concerning the interrogation of suspects of E;

1. On-site blade photographs;

1. Application of Acts and subordinate statutes, such as a medical certificate and copy of a disability welfare card (physical disability No. 1 and No. 2);

1. Articles 284, 283(2) (a) and 284, 283(1), and 283(1) and (2) of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Article 40 of the Criminal Act for option of punishment;

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;

1. A crime with the reason for sentencing under Article 62-2 of the Criminal Act, Article 44-2(1) of the Medical Care and Custody Act [the scope of the recommended sentence] is a crime of intimidation (Habitual, repeated, and special intimidation) in the area of special mitigation (two months to one year), i.e., mental or physical weakness (no person responsible for himself), i.e., a victim of punishment (including an endeavor to recover damage) or a victim of considerable damage.

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