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(영문) 수원지방법원 안양지원 2013.11.07 2013고단1111
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, his father C(the age of 81), strawing, and seeing each other the horses, and then, he listened to the Defendant’s speech from D, which was known to the Defendant, that the victim had the mind of self-esteem of the Defendant. However, as he had the body of the victim, the Defendant was frightened to the victim, with the victim’s mind, as he had the body of the victim.

At around 11:00 on July 24, 2013, the Defendant sent a warning at once to the effect that the Defendant would have a more self-esteem with the victim’s house of the victim in Overcheon-si, Sincheon-si, by entering the 10-liter capacity of gasoline, which is a dangerous object prepared in advance, left with the 10-liter volume of gasoline generation, thereby making the gasoline be accumulated into the floor.

Accordingly, the defendant carried dangerous things and threatened the victim who is a lineal ascendant.

Summary of Evidence

1. Statement to C by the police;

1. A report on investigation;

1. Application of statutes on site photographs;

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 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 53 or 55 (1) 3);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for discretionary mitigation)

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;

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