logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2016.11.02 2016고단2298
특수협박
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

【Criminal Power】 On November 27, 2013, the Defendant was sentenced to one year in Seoul Western District Court for a violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.). On February 12, 2014, the said court sentenced the Defendant to one year for a violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.), and completed the execution of the said sentence in the female prison on November 24, 2015.

【Criminal Facts】 The Defendant committed the following crimes under the conditions that they have the ability to discern things or make decisions due to mental illness, etc.:

On May 25, 2016, around 20:18, the Defendant spits spits on the front floor of the train and spits it on the ground that, while taking a train in the ocean circulation direction in the subway 2 subway station located in the New Ocean of Mapo-gu Seoul, Mapo-gu, in the direction of the D basin, the Defendant spits it on the front floor of the train and spits it into the Defendant as a spit spits or spits. (20 cm in total length, 10 cm in the blade length). The Defendant spited the transition (20 cm in total length, 10 cm in the blade length).

On the other hand, the Defendant continued to stop in the D Station and waited for the electric vehicle at a platform, and threatened the service personnel, such as the victim E (the age of 58), who was called the D Station, with an unspecified number of passengers waiting for the electric vehicle at the D Station, with the report, with no reason to display excessive amount of money, and the Defendant avoided the Defendant, leading the person who escaped, thereby driving away as they go away.

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

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. A report on the field of violence;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (referring to the period of repeated crimes of the same kind);

1. Articles 284 and 283 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Article 35 of the Criminal Act among repeated crimes;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act [the scope of recommending sentence].

arrow