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(영문) 울산지방법원 2014.08.28 2014고단1385
폭력행위등처벌에관한법률위반(집단ㆍ흉기등존속협박)
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 1 (knife) shall be confiscated.

Reasons

Punishment of the crime

The defendant is living together with the child of the victim C(76 years of age) and the D Apartment 102 Dong-gu, Ulsan Metropolitan City 410.

At around 01:10 on May 7, 2014, the Defendant took a bath to the effect that, while drunkly drinking a mixed alcoholic beverage at the victim’s house, the Defendant: “Around May 7, 2014, the Defendant: (a) breathed the victim with a view to her being unable to live well; (b) her mother died before her early death, thereby becoming satisfying.”

Therefore, on the ground that the victim said that he was “her drinking,” he/she threatened his/her lineal ascendant by taking out a knife, which is a dangerous object that had been kept in the kitchen at the kitchen in the he/she had been kept in the he/she had the kitchen, and then raising his/her chest, and raising the victim’s chest, and “the knife the knife shall be discarded off.”

Summary of Evidence

1. Each legal statement of witness E and F;

1. Statement to C by the police;

1. Records of seizure and the list of seizure;

1. Photographs of seized articles;

1. Investigation report (at the time of site entry, etc.);

1. A report on investigation (a list of evidence Nos 23);

1. Application of Acts and subordinate statutes to investigation reports (report appended to family relation certificates);

1. Article 2 (1) 2 of the Punishment of Violences, etc. Act, Article 283 (2) of the Criminal Act concerning the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation ( Taking into account the fact that the victim who has put the criminal defendant to the court is urgent to keep the criminal defendant's wife);

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act [the scope of recommendation] is that the victim who continues to exist in the special aggravation area (8 to 3 years), the victim who is vulnerable to the crime [the decision of sentence] committed by the defendant (the victim who is referred to as the defendant's prior sentencing] desires the defendant's prior sentencing factors, considering the sentencing factors favorable to the defendant.

However, the defendant committed the crime of this case against the victim who was committed by the second old age without being involved in the period of suspension of execution due to injury to existence, and the police dispatched to the timely evidence scene.

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