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(영문) 부산지방법원 2016.05.19 2015고단6252
협박등
Text

A defendant shall be punished by imprisonment for not less than eight 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 committed each of the following crimes in a state that the Defendant lacks the ability to discern things or make decisions due to detailed unknown mental division, etc.:

1. On June 28, 2015, at around 11:50, the Defendant: (a) took a breath in the alleyway around the Defendant’s residence located in Geum-gu, Busan (29cm in length, 24cm in width, 47cm in width, 73cm in total length) and took a bath behind the Victim E (VV) who is a fluor resident, and threatened the victim.

2. On June 28, 2015, at around 12:20, the Defendant damaged the Defendant’s property in a way that the damaged person parked a vehicle on the wall of the Defendant’s residence before the damaged person’s dwelling area located in F (n, 52 years of age) and that part of the victim’s steel gate was laid off. In short, the Defendant destroyed the Defendant’s property repair cost.

3. On June 28, 2015, at around 12:28, the Defendant made a special threat, in order to resist the damage of the gate, such as paragraph (2) of this Article, at the Defendant’s residence located in Geumcheon-gu Busan (56 years of age), the Defendant used the shield (11 cm in length, 27 cm in length, knife) which is an object dangerous to the gate, and used the gate, which is an object dangerous to the gate (27 cm in length). The Defendant threatened the victim by stating that the victim was frighted, frightened, taken about 50 meters in length, taken about 50 meters in her escape, and threatened the death.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H, G, and E;

1. Application of seizure records and statutes concerning the list of seizure;

1. Relevant legal provisions of the Criminal Act and Articles 283(1), 366, and 284 of the Criminal Act concerning criminal facts, and the choice of imprisonment, respectively;

1. Article 10(2), Article 10(1), and Article 55(1)3 of the Criminal Act to mitigate mental and physical weakness;

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 provides that a suspended sentence of execution (i.e., the crime committed on a one-time basis after being punished as one-time suspended sentence due to the crime committed on a part of the past 33 years).

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