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(영문) 창원지방법원 밀양지원 2018.12.20 2018고단510
특수협박
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, as a person with intellectual and visual disability, was assisted by D through an incorporated association C (hereinafter referred to as “C”) in Syang City B (hereinafter referred to as “C”).

On October 25, 2018, at C office around 15:00, the Defendant heard the answer that it is impossible to replace the existing D, which was demanded by the victim E (n, 48 years of age), who is an employee in charge, to change the D, and then returned to the place where the knife (the total length of 35cm, the knife length of 21cm) was cut back at his own residence located in Syang F.

On October 25, 2018, the Defendant, at the above office around 16:10 on October 25, 2018, shall die with the foregoing knife.

“” and the victim E were blished.

On the other hand, the defendant continued to see that the victim G(30 tax) who was next to the defendant was the victim of the defect in order to control the defendant, and was shaking the above knife with the knife and with the knife.

Accordingly, the defendant carried a dangerous knife, and threatened victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and G;

1. Police seizure records;

1. Application of the Acts and subordinate statutes governing editing images at the scene of crime;

1. Relevant provisions of the Criminal Act, Articles 284 and 283 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Scope of the recommended sentences according to the sentencing criteria;

A. Class 1 Crimes [Scope of Recommendation] Crimes No. 4 (Cumulative Offense, Special Intimidation) and the basic area (from April to one year and six months) (a person with no special sentencing factors)

B. Class 2 Crimes [Scope of Recommendation] Crimes No. 4 (Cumulative Offense, Special Intimidation) and the basic area (from April to January 1) (Special Sentencing Person) (Special Sentencing Person)

(c) The scope of final sentence due to the aggravation of multiple offenses: April to February; and

2. The sentencing conditions indicated in the records, such as the following circumstances and the Defendant’s age, environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime.

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