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(영문) 의정부지방법원 2014.07.21 2014고단1739
폭력행위등처벌에관한법률위반(집단ㆍ흉기등존속협박)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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 02:00 on May 27, 2014, the Defendant sustained injury by surviving a victim D (the 85-year-old age) who was the mother of the Defendant (the her mother) while drinking together with the Defendant’s her mother at the Defendant’s house located in the 1st floor in Ma-si, Ma-si, Ma-si, Ma-si, on the ground that the Defendant was her mother, who was her mother, was her mother while drinking together with the Defendant’s her mother, and her mother was her part of the victim’s body and her part of the victim was her part of the victim’s chest, who was the lineal ascendant of the Defendant, she was her part of the body of the victim’s body,

2. The Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc., threat to the existence of a deadly weapon) by gathering excessive (13.5 cm in the blade length) that is a dangerous thing in the kitchen continuously and at the same time and at the place specified in paragraph (1). In addition, the Defendant stated that “the victim will die, as he will die.”

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

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. E prosecutorial statement;

1. Statement to E by the police;

1. Seizure records;

1. Statement of opinion;

1. Application of the Acts and subordinate statutes governing seized objects, their pictures, scenes, and damaged photographs;

1. Article 3 (1) and Article 2 (1) 2 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) 2 of the Criminal Act, Article 283 (2) and (1) of the Criminal Act, Article 257 (2) and (1) of the Criminal Act concerning the crime (the point of injury to a lineal ascendant, and the choice of imprisonment);

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. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act; Article 62 (1) of the same Act; Article 62 (1) of the same Act (including the fact that a person commits a crime

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;

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