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(영문) 의정부지방법원 2014.09.12 2014고단2306

폭력행위등처벌에관한법률위반(집단ㆍ흉기등존속폭행)

Text

A defendant shall be punished by imprisonment for one year.

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 01:40 on July 6, 2014, the Defendant: (a) without any justifiable reason, was the mother of the Defendant, who is the mother of the Defendant, who is in his own city C, and was under the influence of alcohol, “at the end of this house,” “at the end of this house,” and “at the end of this house, the Defendant was frightened on the victim’s left face; (b) was frightened on the victim’s side; and (c) was frightened on the victim, who was in the kitchen; and (d) was frightened on the part of the victim.”

Accordingly, the defendant carried dangerous things and assaults the victim who is the mother of the defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on the spot and damaged photographs;

1. Articles 3 (1) and 2 (1) 2 of the Act on the Punishment of Violences, etc. of Crimes, and Article 260 (2) of the Criminal Act (the point of continuing violence while carrying a deadly weapon);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution of a sentence under Article 62 (1) of the Criminal Act (the execution of a sentence shall be suspended in consideration of the fact that the mother under recovery with cancer treatment commits an assault and the nature of the crime is extremely poor, but his or her recidivism is not committed, considering that he or she has no criminal record exceeding the previous fine, that he or she has been detained for a given period, that he or she has an opportunity to reflect during the period, that he or she has a visual disability and that it is deemed that mental treatment

1. Scope of sentencing grounds for sentencing under Article 62-2 of the Criminal Act: The final sentencing range recommended by sentencing guidelines from one to fifteen years from one year of imprisonment [type of crime] Crimes, Violence Crimes, Special Violence [Special Aggravation]: None of the factors to reduce continuing assault: None of [the scope of recommending punishment] increased area (from August to April): No aggravated factors of general prison punishment in sentencing guidelines): Reduction factors that there are no aggravated factors of general prison punishment: A serious reflective factor;