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(영문) 서울중앙지방법원 2019.06.12 2019고단1382
특수협박
Text

A defendant shall be punished by imprisonment for not more than ten 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

At around 14:10 on February 11, 2019, the Defendant, on the ground that he wanted to die of a person for whom it was possible to know the name he was waiting for the bus in the above B B large waiting room without any justifiable reason, threatened the above victim with a knick knife (7 cm length, 200 cm in total length) that he purchased in advance at the door point of phrase, and then threatened the victim with a knife (20 cm in the knife length, 7 cm in total length).

Accordingly, the defendant carried a knife, a dangerous object, and threatened the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Each written statement of D and E;

1. Application of the Acts and subordinate statutes to photographs taken by the defendant with a knife used in the crime, or to photograph the CCTV image;

1. Relevant Article of the Criminal Act and Articles 284 and 283 (1) of the Criminal Act concerning the choice of punishment;

1. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;

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

1. Where the aggravated area (6 to 2 years), (6 to 2 years), which is an aggravated area (6 to 3 years), of category 4 (limited to the scope of recommendation) of the sentencing criteria (limited to a person under special circumstances), is an unspecified victim;

2. The Defendant, who was sentenced to sentence, threatened an unspecified victim with dangerous articles without any justifiable reason, and the nature of the crime is not good in light of the risk of committing the crime.

However, the defendant has been receiving mental treatment on the grounds that he/she recognized his/her mistake and reflects it, and that he/she seems to have reached a contingent crime due to such mental disorder, such as admission of the defendant to mental rehabilitation facilities after his/her trial, etc. There are no specific criminal punishment for the defendant except once a fine, and other conditions of punishment indicated in the records of this case, such as age, character and behavior, environment, motive and consequence of the crime, and circumstances after the crime.

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