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(영문) 인천지방법원 2013.10.30 2013고단3373
폭력행위등처벌에관한법률위반(집단ㆍ흉기등존속협박)
Text

A defendant shall be punished by imprisonment for one year.

Seized knife (No. 1) shall be confiscated.

Reasons

Punishment of the crime

[Criminal Justice] On October 16, 2009, the Defendant was sentenced to imprisonment without prison labor for a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents at the Daejeon District Court’s Support on the Incheon District Court’s Branch on June 30, 201 and paroled on June 4, 2010, and the remaining term of punishment has expired.

【Criminal Facts】

On May 12, 2013, the Defendant got out due to frequent disputes with C, which is a wife, and then purchased excessive money from Maart to her home without telephone contact until the next day.

On May 13, 2013, at around 10:00, the Defendant again made several calls to the wife within 2-101, Seo-gu, Incheon, Seo-gu, Seo-gu, Incheon, the house of the victim D (75 years of age, women) who was a mother, but did not receive any call, and thereby, the Defendant was subjected to a defective call to substitute the victim.

The Defendant said that the wife did not receive his own telephone and only received the victim’s telephone, and the Defendant said that the transition, which is a deadly weapon, (No. 1 and no. 10 centimeters in length on the knives), was boomed with the victim’s item, and “I wish to die.”

Accordingly, the defendant threatened the victim, who is a lineal ascendant of the spouse.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The photograph of deadly weapons;

1. Previous records of judgment: Criminal history records, etc., personal identification and confinement status, case search, application of three copies of judgment, and other Acts and subordinate statutes;

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. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (see the following reasons for sentencing):

1. The reasons for sentencing under Article 48(1)1 of the Criminal Act for sentencing are as follows: (a) the accused has led to the instant crime; (b) prior to the sentencing date, the victim and the wife of the accused wished to have the prior wife of the accused; and (c) the victim and the accused have committed any contingent crime under the influence of alcohol.

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