beta
(영문) 인천지방법원 부천지원 2019.07.24 2019고단957

존속폭행등

Text

A defendant shall be punished by imprisonment for six months.

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

The defendant is the child of the victim B (n, 75 years of age) and the child of the victim C (n, 53 years of age).

The defendant demanded the victim B to get a loan of KRW 40 million as security, but was rejected, and the relationship has deteriorated on the ground that the victims were able to examine the female friendly Gu.

1. On May 28, 2018, the Defendant continued to commit assault: (a) around 21:00, at the Non-Acheon-si E’s residence; (b) before the victims took an examination of the Defendant’s female-friendly Gu; (c) the victim B made verbal abuse, such as “drax without permission,” and (d) the victim B took off the victim’s face and head part.

Accordingly, the defendant assaulted his lineal ascendant.

2. Around 23:00 on July 10, 2018, the Defendant threatened the victim, such as: (a) finding the F apartment at the Gangseo-gun, Hongcheon-gun, Hongcheon-gun, a residence of the victim C; (b) leaving the house, leaving the house, and having the victim concealed B, on the ground that the mother is hiding B, the Defendant threatened the victim, by saying, “the victim is sprinking sprink, knife in the knife and knife, spick, spicker in the knife and knife.”

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Each police statement concerning B and C;

1. Application of Acts and subordinate statutes to report internal investigation (on-site conditions, etc.), etc. by the police;

1. Relevant Article 260(2) and (1) of the Criminal Act, Article 283(1) of the Criminal Act and Article 283 of the Criminal Act, the choice of imprisonment for a crime, the choice of punishment for a crime

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

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

1. The reason for sentencing of Article 62-2 of the Criminal Act is not good, and the victims wish to punish the defendant, and the defendant is disadvantageous to the defendant.