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(영문) 서울북부지방법원 2017.04.26 2016고단4766
협박
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

The defendant is a patient hospitalized in the "D convalescent Hospital in Dongdaemun-gu Seoul Metropolitan Government", and the victim E (V, the age of 65) is a guardian of the old-age who is hospitalized in the family room above the defendant's disease.

On July 16, 2016, the Defendant: (a) around 18:50 on July 16, 2016, on the ground that, in the front corridor of the fourth floor of the above hospital, the Defendant was slicked by the victim and the victim’s slick in the preceding day, the Defendant “hacked by the knif of the knif in the knif and discarded.”

During two times, “the victim is threatened,” such as “the victim’s faces,” and the victim was threatened by extending to outside the victim’s face.

Summary of Evidence

1. Application of the Acts and subordinate statutes concerning the legal statement of witness F and witness G;

1. Relevant Article 283 of the Criminal Act, Article 283 (1) of the Criminal Act, grounds for sentencing of sentence of imprisonment, and grounds for sentencing;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to three years;

2. The scope of the recommended punishment according to the sentencing criteria [the scope of the recommended punishment] shall be the basic area (two months to one year) (no person subject to special sentencing] of the crime of intimidation.

3. The sentencing conditions, such as the defendant's age, sex, and environment, shall be determined as ordered in consideration of the following circumstances:

A favorable normal defendant is a good health due to the merger of urology, etc.

In light of the circumstances such as the victim's resistance against the defendant at the time of the crime of this case, the degree of fear of the victim was significantly high due to the crime of this case.

No doubt shall be visible.

On May 17, 2015, the Defendant committed the same crime during the suspension period, even though he/she repeatedly was sentenced to imprisonment with labor for one year at the Jung-gu District Court on November 17, 2015, and was sentenced to imprisonment with labor for three years.

In addition to the above suspended sentence, the past record of punishment for violent crime has reached six times of fine and one time of suspended sentence of imprisonment.

It denies crimes and only appeals against behavior in the operation of a convalescent hospital.

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