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(영문) 춘천지방법원 강릉지원 2014.12.23 2014고단1037
폭력행위등처벌에관한법률위반(집단ㆍ흉기등존속협박)
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

The defendant is a lineal descendant of the victim C(M, 55 years of age).

At around 01:20 on November 25, 2014, the Defendant: (a) at the inside of the victim’s house located in Gangnam-si D, the victim took a dispute with the victim’s taking money from his female job offering E; (b) the victim took a dangerous thing in the kitchen, which is an object in the kitchen, at the same place, concealed the knife ( approximately 30 cm in total length, about 18 cm in daily length) into the inside the arms, and then throw the knife in front of the face of the victim who was seated in the front of the storm; and (c) the knife the knife would threaten the victim “the deceased,” and continuously throw the knife the knife on the knife by carrying the knife with him; and (d) the Defendant would put the victim’s body at the seat of the deceased or the deceased.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and F;

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

1. Article 3 (1) and Article 2 (1) 2 of the Punishment of Violences, etc. Act concerning the crime, Article 283 (2) of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., the fact that the injured party is not subject to the punishment of the accused, and that the injured party is closely against the crime of this case);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. Probation and community service order shall be decided as ordered by the court on the grounds of Article 62-2 or more of the Criminal Act;

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