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(영문) 대전지방법원 공주지원 2018.06.08 2018고단15
특수협박등
Text

A defendant shall be punished by imprisonment for six months.

Attached evidence 1 (the Daejeon District Public Prosecutor's Office No. 12 of the Daejeon District Public Prosecutor's Office).

Reasons

Punishment of the crime

1. A theft Defendant: (a) around December 11, 2017, around 23:37, 2017, at the top of the third floor of “D” located in Sweak City, D; (b) was stolen by taking off LG mobile phones and chargers equivalent to KRW 500,000,00, the market price of the victim E, who was in TV boomed. (c) On December 30, 2017, the Defendant took a bath on the ground that the victim G (n, 46 years of age) handled himself/herself in front of his/her residence located in the Gongju City F, and took a knick face (the total length of 29.5cm and 18cm length of knife) and a knife, which is a thing dangerous to enter his/her house, on the ground that he/she handled himself/herself.

The victim threatened the victim by stating that "the death shall be discarded".

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of E and G;

1. Each protocol of seizure and the list of seizure;

1. One CD in the soup CCTV recording video storage [the defense counsel held that he/she was in a physical and mental state due to the existence of alcohol, etc. at the time when the defendant committed a crime set forth in paragraph (2) above;

The argument is asserted.

However, in light of the content of the crime, the attitude and behavior of the defendant before and after the crime, the circumstances after the crime, etc., the defendant was in a state which lacks the ability to discern things or make decisions at the time of the crime.

As such, the defense counsel's assertion is not acceptable.

1. Relevant Article 329 of the Criminal Act, Articles 284 and 283 (1) of the Criminal Act, and Articles 283 of the Criminal Act, the choice of imprisonment for a crime

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 48 (1) 1 of the Criminal Act to be confiscated;

1. Reasons for sentencing under Article 186(1) of the Criminal Procedure Act, which bears the costs of lawsuit;

1. Application of the sentencing criteria;

(a) The mitigated area (4 months to 1 year) of the mitigated area (4 months from 4 months to 1 year) of the crime of intimidation (the scope of a recommended punishment) (the scope of a person subject to special mitigation)

B. The mitigated area of Type 2 (General thief) (i.e., thief) (ii) (i.e., thief) (ii) (i.e., 4 months to 10 months) (ii) (i.e., thief) for general property.

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