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(영문) 서울남부지방법원 2014.08.13 2014고단2354
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

1. Around 10:30 on May 30, 2014, the Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc., threat to the existence of a lineal ascendant), the Defendant threatened the victim, who is the mother of the Defendant, with the money being kept in his/her house, on the side of the Gangseo-gu Seoul Metropolitan Government B apartment 404, on the ground that the Defendant’s mother C (her mother, 79 years of age) written the money being kept in his/her house, and threatened the victim with the excessive amount of 20 cm length, which is

2. The Defendant in violation of the Punishment of Violences, etc. Act (collective, deadly weapons, etc.) heard from the victim D (at the age of 55) at the date, time, place, and place under the above paragraph (1) of the same Article, and acted in the victim’s face and threatened the victim with the excessive length of 20 cm length, which is a deadly weapon that he/she was in possession, with the victim’s face.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement of C or D;

1. Application of seizure records and list statutes;

1. Articles 3 (1) and 2 (1) 2 of the Punishment of Violences, etc. Act, Article 283 (2) of the Criminal Act (the point of threat to the existence of a deadly weapon), Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 283 (1) of the Criminal Act concerning a crime;

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

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation ( Taking into account the favorable conditions of sentencing among the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following factors are repeatedly taken into account for sentencing);

1. Probation under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of recommended sentences according to the sentencing criteria;

A. Basic crimes [Crimes of Violation of the Punishment of Violence, etc. Act (Crime of Intimidation to Lineal Death)] / [Crime of Intimidation] Special Intimidation (Special Intimidation) for Habitual Intimidation (Special Intimidation)], the victim who continues to exist (Special Aggravation).

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