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(영문) 의정부지방법원 2014.07.22 2014고단1472
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)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 May 19, 2014, the Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc., threat to the existence of a lineal ascendant) expressed that, at around 19:40 on May 9, 2014, the Defendant, at the home of the Defendant’s house located in Gyeonggi-gun D, the father E (the age of 66) took out the outside while having a kitchen knife with the mother suffering from dementia and having the kitchen knife, which is a dangerous thing that he prepared after drinking and drinking, and threatened the victim with his arms.

2. On May 9, 2014, the Defendant violated the Punishment of Violence, etc. Act (a collective injury with a deadly weapon, etc.) entered the house of the victim G (the age of 65) located in Gyeonggi-gun F in Gyeonggi-gu, Gyeonggi-do on May 20, 2014, and raised the victim's fluencing with the said E and his/her fluences, thereby intending to kill the victim's fluence. We see whether the victim died of governance. I am dead of the person. I am today. I am today. I am dead. I am. I am. I am. I am.) with the victim's fluencing of dangerous things, which were in his/her possession of the victim's fluencing with the victim's fluencing of treatment days, and put the victim

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and G;

1. Police seizure records;

1. Application of evidence photographs and investigative reporting statutes;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act (the occupation of an injury by carrying a deadly weapon), Articles 3 (1) and 2 (1) 2 of the Punishment of Violences, etc. Act, Article 283 (2) of the Criminal Act concerning the crime;

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. Article 62 (1) of the Criminal Act;

1. The defendant's defense counsel in determining the assertion of the defendant and his/her defense counsel under Article 48 (1) 1 of the Criminal Act refers to the injury of the victim's family under the Criminal Act.

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