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(영문) 서울서부지방법원 2013.12.18 2013고단2781
폭력행위등처벌에관한법률위반(집단ㆍ흉기등존속상해)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On March 16, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Northern District Court on March 16, 201, and three years of suspension of execution on June 24 of the same month, and the judgment becomes final and conclusive and conclusive.

On August 14, 2013, at around 10:30, the Defendant demanded the victim's father D(69 years of age), his father, the father of Seodaemun-gu Seoul, 101, to provide the victim with the above house as a collateral for the loan, but he was dismissed by the victim, and brought about a ebbbbs (20cm in total length) which was a dangerous object in the bend of the above house, and brought about a ebspon (20cm in total length) at the victim's right head at one time, and made it impossible for the victim to know the number of days of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statements of the witness D in this Court;

1. Police suspect interrogation protocol of the accused;

1. The prosecutor's office and the police's statement concerning D;

1. Written statements and investigation reports;

1. Previouss before and after judgments: Application of criminal records, inquiry reports (same type criminal records, and attachment of judgment) and Acts and subordinate statutes;

1. Relevant Article of the Punishment of Violences, etc. Act: A sentence of punishment shall be imposed in consideration of the fact that the accused commits the instant crime during the period of suspension of execution of execution of sentence and that his mistake is not divided.

However, considering all sentencing conditions under Article 51 of the Criminal Act, such as the fact that the victim does not want the punishment of the defendant, the punishment shall be determined as ordered.

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