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(영문) 대전지방법원 서산지원 2013.04.05 2012고단1119
폭력행위등처벌에관한법률위반(집단ㆍ흉기등존속협박)등
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

On August 14, 2012, the Defendant: (a) around 23:05, in the house of the Victim C (the 80-year-old), the Defendant, who is the head of Seosan City B, took the influence of alcohol, and died of the victim D (the knife and 35-year-old-old-old-age-age-age-age-age-age-age-age-age-age-of-age-age-age-of-age-age-age-of-age-age-age-of-age-age-age-of-age-age-age-of-age-age-age-of

The above victim C told the defendant and deducted the above family from the defendant along with the above victim D, and stated that he had the kitchen 19cm (19cm in the blade length) which is a dangerous object in the kitchen, and died to the victims.

In this respect, the defendant carried a dangerous object, and threatened the victim D, while carrying a kitchen, which is a dangerous object, and threatened the victims.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of the photographic Acts and subordinate statutes;

1. Articles 3(1) and 2(1)2 of the relevant Act on the Punishment of Violences, etc. against Criminal Crimes; Article 283(2) of the Criminal Act; Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act; and Article 283(1) of the Criminal Act appears to the purport that the prosecutor indicted the Defendant for the crime of intimidation against the victim D as substantive concurrent crimes.

However, in light of the fact that the above victim notified the harm by the same way that he would carry with him a lethal weapon in the same place and time, it is reasonable to view the defendant as one crime by covering the crime of intimidation against the victim D, in view of the fact that the above victim was exposed to the same place and time.

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment imposed on a person who violates the Punishment of Violences, etc. Act heavier than punishment (a punishment imposed on a violation of the same Act as a group, deadly weapon, etc.);

1. The victims under Articles 53 and 55(1)3 of the Criminal Act do not want punishment, and the defendants do not want punishment.

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