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(영문) 춘천지방법원 영월지원 2015.10.23 2015고단326
폭력행위등처벌에관한법률위반(집단ㆍ흉기등존속폭행)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. 폭력행위등처벌에관한법률위반(집단ㆍ흉기등존속폭행) 피고인은 2014. 8. 중순경 강원 영월군 B에 있는 C 식당에서 술에 취하여 아무런 이유 없이 흉기인 식칼(길이 약 30cm)을 들고 피고인의 아버지인 피해자 D(68세)의 배를 찌르는 시늉을 하며 위협하다

The victim's chest was assaulted to the victim once by drinking the victim's chest.

2. At around 14:00 on May 2, 2015, the Defendant collected a mountain mountain in a place without any justifiable reason, while drunkly drinking at the place specified in paragraph (1), and committed assault against the victim on three occasions, the father of the Defendant, knife the head of the victim D, the father of the Defendant, and knife the knife of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, and F;

1. Application of the Acts and subordinate statutes to photographs of damaged parts;

1. Article 3 (1) and Article 2 (1) 2 of the Punishment of Violences, etc. Act, Article 260 (2) and Article 260 (1) of the Criminal Act (the point of violence to a lineal ascendant and the choice of imprisonment);

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

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

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

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

1. Facts charged;

A. On April 2015, the Defendant: (a) 20:00 on early April 2015, the Defendant abused the victim’s left face of the Victim F (the age of 12) (the age of 12) who is the Defendant’s her own child under the influence of alcohol at the Defendant’s house located in Gangwon-gun G, Gangwon-do; and (b) committed assault to the Defendant on two occasions.

B. On May 21, 2015, at around 18:00 on May 21, 2015, the Defendant expressed the victim F, who is the child of the Defendant, who is taking meals without any justifiable reason under the influence of alcohol at the place of a third home, and the Defendant expressed the victim’s desire to “a dog”. The victim heard this horse, which read “the victim’s 's 's 's 's 's 's 's 's 's 's 's ' if the 's 's 's 's 's 's ' and 's '

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