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(영문) 전주지방법원 2013.08.29 2013고단1551

폭력행위등처벌에관한법률위반(집단ㆍ흉기등존속협박)등

Text

A defendant shall be punished by imprisonment for one year.

except that 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

The defendant is a deceptive act of the victim C (n, 73 years of age), and as a father of the victim D (n, 50 years of age), the husband of the victim C, who is the head, died, requested the victim C to request the property of the victim C, but he was dissatisfied with it.

At around 23:00 on April 24, 2013, the Defendant: (a) prevented the victim C from entering the inside room where C resides at the end of the victim’s house located in the former North Korean Office E, and (b) threatened the victim C by stating that the victim D remains in the victim D, “I am knife at the end of the day,” and “I am knife at the end of the day, I am knife at the victim’s knife” and “I am knife at the end of the day, I am knife at the victim’s knife on the back of the knife of the knife of the knife at the victim’s knife of the knife, and then I am a knife at the end of the knife of the knife, which is a dangerous object.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to C, D, and F;

1. Application of Acts and subordinate statutes to investigation reports (related to attaching photographs of evidentiary materials);

1. Articles 3(1) and 2(1)2 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 283(2) of the Criminal Act; Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act; Article 283(1) of the Criminal Act concerning the punishment of a deadly weapon; Article 283(1) of the Criminal Act

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. Article 53 and Article 55(1)3 of the Criminal Act of discretionary mitigation provides that the defendant led to the confession and reflect of the crime, victims do not want the punishment against the defendant, and the defendant with a hearing disorder and intellectual disorder commits a crime by brupting a brupt in the appraisal that the defendant with a hearing disorder and intellectual disorder had brupted while drinking, and the records of punishment prior to the crime of this case have been punished.