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(영문) 수원지방법원 평택지원 2013.06.28 2013고단553
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

Defendant,

A. At around 02:30 on April 30, 2013, the mother of the Defendant in Pyeongtaek-si C (the mother of the Defendant, 76 years of age), the victim, while drinking alcohol together with the Defendant’s her mother, divided the property by unfair means, would bring about 100 million won to her mother or her mother", and the victim’s entrance and face can be taken by drinking, and the victim’s entrance and face are turned over to a sofa in the ward, and the victim’s body was fashed with the victim’s wall to escape and sealed the victim’s body on the wall, etc.

B. In front of the victim D who continued to be frightened for the foregoing reason, the victim was threatened with the kitchen knife (29cm in length, 18cm in blade) which is a deadly weapon in the house, and the victim was threatened with the victim, such as having the kitchen knife (29cm in length, 18cm in knife) and having the floor towards the room, and having the father of the defendant, the deaf, the father of the son,

Accordingly, the defendant injured the victim who is her mother, and threatened the victim with a deadly weapon.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. The police seizure record and the list of seizure;

1. Application of each statute on photographs;

1. Relevant Article on criminal facts, Articles 3(1) and 2(1)2 of the Punishment of Violences, etc. Act, Article 283(2) of the Criminal Act, Article 257(2) and (1) of the Criminal Act, and Article 257(1) of the Criminal Act, the choice of imprisonment for an injury resulting from continuation of a deadly weapon, and the choice of imprisonment for an injury resulting from continuation of a life;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Probation and community service businesses under Article 62-2 of the Criminal Act;

1. The defendant and his defense counsel asserted under Article 48(1)1 of the Criminal Act and the crime of this case committed the crime of this case, where the defendant was under medical treatment due to stimulative disorder and physical disability.

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