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(영문) 수원지방법원 성남지원 2013.09.06 2013고단1653
폭력행위등처벌에관한법률위반(집단ㆍ흉기등존속협박)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. On July 9, 2013, the Defendant violated the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc., threat to the existence of a deadly weapon) committed intimidation against the victim D (the age of 56) who was the mother of the Defendant at the Defendant’s home located in Sung-nam-gu Seoul Special Metropolitan City, 805 Dong 1201 on July 23, 2013, stating that “it would not bring about four (200,000 won in cash that was put in a bank)” from the Defendant’s mother, who was the mother of the Defendant, “I would not bring about four (56).”

2. The Defendant, at the time and place mentioned in Paragraph 1, threatened the victim by threatening him/her at the time and place, and as mentioned above, led him/her to drive away from his/her house with the frighten of the victim, leading him/her to shaken his/her head before the elevator by putting him/her in person with the fright of the victim, thereby faced his/her math with the wall, thereby causing him/her to be faced with the wall. In addition, the Defendant, who is the mother of the Defendant, placed two parts of the number of treatment days

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation report (Attachment of family relation certificate);

1. Damage photographs;

1. Application of seizure records and list statutes;

1. Relevant Article 3(1) and Article 2(1)2 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2(1)2 of the Criminal Act, Article 283(2) (a) of the Criminal Act, Article 257(2) and (1) of the Criminal Act, the choice of imprisonment for a term of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of a long-term sum of punishment);

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 (Consideration of the crime and the fact that the victim is not guilty);

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

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