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(영문) 서울북부지방법원 2018.10.19 2018고단2352
특수협박
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, at around June 6, 2018, was in the state of lacking the ability to discern things or make decisions due to editing illness, and around June 22:30, 2018, in front of the victim D's house located in the Gangnam-gu Seoul Northern apartment, Gangnam-gu, Seoul, for the reason that the victim could not slickly sleep, he was in danger of the victim's body inside the body of the victim's knife (the total length: 31.5cm, the knife length: 19.5cm).

Nice made the words, “I am soon as soon as possible,” etc., citing the inside of the Analthal part.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Protocols of seizure and list of seized articles and photographs thereof;

1. Application of Acts and subordinate statutes to a report on investigation (a photograph of suspect as a crime);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 284 and 283 (1) of the Criminal Act concerning the selection 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. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act is not good in that the defendant, who was sentenced to suspension of indictment for a similar crime even in 2017, committed again the instant crime. However, it is not good in that the defendant recognized the crime and reflects it, the defendant did not have any criminal record exceeding the fine, the defendant committed the instant crime in a state of mental disorder due to mental disorder, such as bipolartic disorder, and efficial disorder, and the sentencing conditions under Article 51 of the Criminal Act as indicated in the record, and the sentence is determined as ordered.

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