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(영문) 서울중앙지방법원 2019.08.27 2019고단4029
특수협박
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On April 13, 2019, at around 00:01, the Defendant: (a) was disputing the victim Q Q (n, 39 years of age) who was a divorce lawsuit in the Seoul Special Metropolitan City, Seoul Special Metropolitan City’s O building and Pho Lake; (b) was tightly tightly knicking the victim, which was a dangerous object in the Washington, and knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police to Q Q;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes on visiting photographs;

1. According to the relevant legal provisions on criminal facts, Articles 284 and 283(1) of the Criminal Act regarding the selection of a sentence, the choice of imprisonment [the prosecutor is seeking confiscation of a seized knife (Evidence 1) but the above knife is an object owned by the victim, and thus the knife is not subject to confiscation.] According to the records on the Defendant’s claim of mental disability, the fact that the Defendant was hospitalized for hospital treatment from September 2, 2018 to December 18, 2019 after being hospitalized for hospital treatment after being hospitalized for the first time on February 20, 2019 is recognized.

However, in light of the motive, means and methods of the instant crime, and the circumstances before and after the instant crime, the Defendant does not seem to have lacking the ability to discern things or make decisions at the time of the crime.

We cannot accept the above assertion.

Reasons for sentencing

1. Scope of punishment by law: One to seven years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [decision of types] for violent crimes [Type 4] for repeated crimes and special intimidation [Special Aggravationd Persons] for mitigation: The area of reduction of punishment [the area of recommendation and recommendation range], the area of reduction of punishment [the area of recommendation and recommendation range], and two months through one year;

3. Determination of sentence: Imprisonment with prison labor for April, in light of the means, methods, risks, etc. of the instant crime, the criminal liability of the accused is not minor;

(b).

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