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(영문) 창원지방법원 거창지원 2016.01.13 2015고단263

폭력행위등처벌에관한법률위반(집단ㆍ흉기등존속협박)등

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A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant, on June 6, 2015, 01: (a) on the ground that at around 01:00, the Defendant: (b) 108 Dong 201, his mother C (n, 71 years of age) does not go against the Defendant’s living together with his mother; (c) knife (m, approximately 20cm in length) a food knife, which is a dangerous thing in his/her table, and display the victim a knife and knife “a knife”.

Newly Inserted by Presidential Decree.

“Intimidating the victim”, the victim was threatened.

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

2. On July 5, 2015, the Defendant damaged the property by destroying the safety of KRW 25,000 at the market price owned by the victim C for the same reason as Paragraph 1 at the above apartment inside of the apartment.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the prosecution against C;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to Table 112 for Report Processing);

1. Relevant Article 8 of the Criminal Act, the main sentence of Article 8 of the Criminal Act, Articles 1 (2), 284, 283 (2), and 283 (1) of the Criminal Act (the point of special threat of existence, the choice of imprisonment), and Article 366 of the Criminal Act concerning the crime (the point of destruction of property and the choice of imprisonment);

1. Aggravation of concurrent crimes as prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes with the punishment heavier than that of intimidation (within the scope of the total sum of the long-term punishments of the above two crimes)];

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. On the grounds of sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation, the sentence as ordered is imposed by comprehensively taking account of all the circumstances that form the conditions for sentencing as shown in the records and arguments, including the Defendant’s age, sex, occupation and environment, the circumstances and results of each of the instant crimes, and the circumstances after the commission of the crime.

The crime of this case committed against a lineal ascendant: The defendant threatened the victim who is a lineal ascendant with dangerous things, and damaged the victim's property, which is in bad quality of the crime, and in the case of intimidation, the victim is very serious.