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(영문) 부산지방법원 2009.9.22.선고 2009고단4083 판결

폭력행위등처벌에관한법률위반(집단·흉기등존속협박)

Cases

209 Highest 4083 Violation of the Punishment of Violences, etc. Act (collectively, deadly Weapons, etc. Intimidation)

Defendant

A (77 years old, South)

Prosecutor

Maximum Constitution

Defense Counsel

Attorney Lee Jong-soo (Korean)

Imposition of Judgment

September 22, 2009

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Criminal History Office

On September 21, 2007, the defendant was sentenced to six months of imprisonment for habitual fraud, and the execution of the sentence was terminated on January 31, 2008 at the Busan detention house.

At around 04:50 on July 14, 2008, the defendant, at the home of the victim C, who is his father located in the Youngdong-dong, Busan Metropolitan City on the ground that the victim drinks a large amount of drinking alcohol, it refers to the "a pulse gue" and "a gue gue gue gu gu gu gu gu gu gu gu gu gu gu gu gu gu gu gu gu gu gue gu gu gu gu gu gu gu gu gu gu gu gu gu gu gu gu gu gu gu gu gu gu gu gu gu gu gu gu gu gu gu gu gu gu gu gu gu gu gu gu gu gu

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Previous convictions: Application of Acts and subordinate statutes to inquire criminal records, investigation reports (a copy of the judgment, and confirmation of the date of release);

1. Article applicable to criminal facts;

Articles 3(1) and 2(1)2 of the Punishment of Violences, etc. Act, Article 283(2) of the Criminal Act

1. Aggravation for repeated crimes;

Articles 35 and proviso of Article 42 of the Criminal Act

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38 (1) 2, Article 50, and proviso of Article 42 of the Criminal Act

1. Discretionary mitigation;

Articles 53 and 55 (1) 3 of the Criminal Act (including the cases where a pond is divided and reflected, the family environment, etc.)

Judges

Judges Han Han-Gyeong