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(영문) 전주지방법원 군산지원 2015.08.13 2015고단531

폭력행위등처벌에관한법률위반(집단ㆍ흉기등존속폭행)

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Power] On April 16, 2014, the Defendant was sentenced to imprisonment with prison labor for 6 months for violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (Death and Injury resulting from Dangerous Driving) in the Military Accounting Support of the Jeonju District Court on April 16, 201, and the judgment became final and conclusive on April

【Criminal Facts】

On May 11, 2015, around 08:00, the Defendant, at the residence of the Defendant, C Apartment 202 Dong 203, which is the Defendant’s residence located in Yasan City B, listened to the sound of the Defendant’s Da (n, 67 years of age) giving the Defendant’s fucing of his her son, and her son was fluened.

이에 피고인은 피해자의 머리채를 잡아 흔들고, 주먹으로 피해자의 얼굴과 머리 부위를 5회 가량 때리고, 계속하여 주방에 있는 위험한 물건인 과도(칼날길이 12cm)를 가져와 “개 같은 년, 씹할 년, 죽여버린다”라고 소리치며 피해자의 목에 과도를 들이댔다.

In this respect, the Defendant, while carrying excessive possession of dangerous objects, assaulted the victim who is a lineal ascendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to investigation reports (on the spot conditions and photographs of deadly weapons), investigation reports (Attachment of family relation certificates);

1. Article 3 (1) and Article 2 (1) 2 of the Punishment of Violences, etc. Act concerning the crime, Article 260 (2) of the Criminal Act;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [the scope of recommending punishment] When the basic area (6 to 10 months), the basic area (6 to 6 months), the penalty (including efforts to recover damage), or considerable damage has been restored / the victim who continues to exist [Pronouncement] has the record of having been punished several times including violent crimes, and the defendant has expressed a desire not to be able to enter the victim who is the mother even though he was under the period of probation, and exercised violence, and the defendant has been sentenced to the punishment.

However, the defendant's mistake is divided.