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(영문) 수원지방법원 여주지원 2013.11.18 2013고단859
폭력행위등처벌에관한법률위반(집단ㆍ흉기등존속협박)
Text

A defendant shall be punished by imprisonment for one year.

A seized kitchen (No. 1) shall be confiscated.

Reasons

Punishment of the crime

At around 21:00 on July 13, 2013, the Defendant, as a hand, took a breath of the victim E (at around 30cm, 20cm in daily length, 20cm in the part of the victim) on the ground that the victim E (at around 74 years of age), who was gathered at the house of the defendant of the D 2nd floor located in Leecheon-si, was her cruel, and threatened the victim by carrying a knife (at least 30cm, 20cm in the part of the day, 10cm in the part of the victim) with a knife in the part of the defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. On-site photographs and victim photographs;

1. Family relation certificate:

1. Application of existing Acts and subordinate statutes (No. 1) of one kitchen knife (30cm in total length) that has been seized;

1. Article 3 (1) and Article 2 (1) 2 of the Punishment of Violences, etc. Act concerning the crime, Article 283 (2) of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (including the fact that the injured party does not want the punishment of the accused, etc.);

1. For the reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act [the scope of sentencing] Article 48(1)1 of the Confiscation Criminal Act: A person under special mitigation of victim who is under special mitigation [the scope of sentencing] from 1 year to 15 years [the person under special mitigation]: A person under special mitigation of victim who is under special mitigation of punishment [the person under special mitigation of punishment] from 6 months to 1 year (the scope of recommendation] of imprisonment with prison labor]: A person under general mitigation of no person under general mitigation: A person under general mitigation of no person under general mitigation [the person under general mitigation of punishment] (whether to suspend execution of punishment is subject to positive, negative (where a person under general mitigation of dangerous articles was committed with possession of dangerous articles at least twice) [the person under general reference of imprisonment with prison labor for one year which is favorable to the defendant; the mother of the defendant; the defendant was threatened by imprisonment with prison labor for a period of one year, which is a dangerous article of the defendant; the defendant was under suspension of execution of execution of execution of execution.

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