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Reasons
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(영문) 대전지방법원 논산지원 2015.10.27 2015고단398
존속협박등
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A defendant shall be punished by imprisonment for not more than ten 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 spouse of the victim D(n, 54 years old), and the victim E(n, 83 years old) is the mother of the victim D and the mother of the defendant.

1. The Defendant shall order the Daejeon Family Court to not access within 100 meters from the victim D’s residence located in the mountain area of the Daejeon District Court from January 27, 2015 on the ground of the Defendant’s act of injury to D and damage to property on July 28, 2014.

The decision was made on January 15, 2015 that the period of the above decision was changed to July 27, 2015, and the above decision was finalized on August 5, 2014.

Nevertheless, from August 5, 2014 to July 21, 2015, the Defendant did not implement the above protective disposition after residing in his/her residence.

2. On April 29, 2015, the Defendant: (a) around 05:00 on April 29, 2015, around the victim E’s house; (b) knew that D entered his residence and brought about meals, etc.; and (c) destroyed the victim’s stick which was placed in front of the victim E’s house; and (d) destroyed the kitchen window.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness E and D;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. A copy of the decision on a protective disposition of the Daejeon Family Court's located in the scene of damage, a copy of the decision on a protective disposition of the Daejeon Family Court's located in the area of the damage, a copy of the decision on a protective disposition of the Daejeon Family Court's located in the area of the decision,

1. Article 63 (1) 1 of the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence, Articles 63 (1) 1 and 40 (1) 1 of the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence, Article 366 of the Criminal Act and the selection of imprisonment, respectively;

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

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

4. Grounds for sentencing Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.

1. Recommendations based on sentencing standards;

(a) the scope of recommendations:

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