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(영문) 춘천지방법원 강릉지원 2015.08.27 2015고단743

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

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

Reasons

Punishment of the crime

The defendant is in a mother and child relationship with the victim C (V, 82 years old), and is in a prison relationship with the victim D(45 years old).

1. Around 03:10 on July 20, 2015, the Defendant, in violation of the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) expressed the attitude of the victim, on the ground that the Defendant, at the home of the Defendant, at the Dong Sea E, 502 Dong 902 Dong 902, under the influence of alcohol, expressed the victim’s attitude that “in the Republic of Korea, she would live dle, she would have been deprived of his/her life because he/she had been deprived of his/her life because he/she had been frighted.”

Accordingly, as the knives of 18 cm length, which is a dangerous thing as the knives of the kitchen, were taken by the Defendant, and as the knives of the knives of the knives of the knives of the victim D, the knives of the knives of the knives of the Defendant, showed the attitude that the knives of the victim would have any harm on the body of the victim, such as “to sick, to sick, to snick, and to sp

2. The Defendant, at the above time and place, was assaulted by the victim C, who is the lineal ascendant of the Defendant, following the Defendant’s above actions, by having the victim pushed the Defendant’s chest over the floor by hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on seizure records;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) of the Criminal Act, Article 283 (1) of the Criminal Act, and Article 260 (2) and (1) of the Criminal Act (the point of violence to a lineal ascendant, and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [within the scope of the sum of the long-term punishments of two crimes prescribed in the Punishment of Violences, etc. which are heavier than the punishment (a collective crime, a deadly weapon, etc.), among concurrent crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is as to the victim C on July 23, 2014.