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(영문) 서울남부지방법원 2015.01.27 2014고단4728

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

1. On November 10, 2014, around 22:40 on November 10, 2014, the Defendant committed the crime: (a) at the home of the Defendant of the 3rd floor in Guro-gu Seoul, Guro-gu, Seoul; (b) requested that the Defendant use a credit card under the name of his mother D under the influence of alcohol; (c) but did not make it possible for the Defendant to do so; (d) the body of the victim E (73 years old) who is his father.

Accordingly, the defendant, carrying dangerous objects and assaulted the victim, who is a lineal ascendant.

2. On November 27, 2014, the Defendant committed the crime on November 27, 2014, around 02:20, at the home of the Defendant, and around November 27, 2014, the Defendant, under the influence of alcohol, issued a credit card under the name of her mother victim D (n, 69 years of age), and requested her use, but did not create any dangerous object, her head 3-4 times, and her father E (73 years of age) was her meket two times.

Accordingly, the defendant, carrying dangerous objects and assaulted victims who are lineal ascendants.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. On-site photographing photographs, and photographs of damaged parts;

1. Application of Acts and subordinate statutes to investigation reports (112 report settlement statement, etc.);

1. Articles 3 (1) and 2 (1) 2 of the Punishment of Violences, etc. Act concerning facts constituting an offense, Article 260 (2) of the Criminal Act;

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

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

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of assault crimes within the range of recommended sentencing guidelines for the sentencing guidelines and the scope of final sentencing following the aggravation of punishment for the basic area (from June to October) (special mitigation) of the sentencing guidelines / the aggravation of punishment for the number of victims (three cases) who continue to exist: June to April 10;

2. The crime of this case committed by the defendant with dangerous articles carried by his/her surviving victims.