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(영문) 수원지방법원 안양지원 2014.12.29 2014고단1488
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 June 29, 2014, the Defendant suffered bodily injury: (a) around 21:20, the victim F (the age of 55) who was the captain of the Defendant’s spouse E, due to the assault against the Defendant’s wife E before the D week in Ansan-gu, Annyang-si, Annyang-si, and had a dispute with him; (b) he had a conversation with him for a more time, as he had a lot of difficulty, E, and sent it to the house immediately before the end; and (c) as it was called “the de facto fecul,” the Defendant was called “the victim, who was the lineal ascendant of his spouse, and was able to take the part of the son, and was in line with his mother, thereby bringing about two weeks of treatment for the victim.

2. 폭력행위등처벌에관한법률위반(집단ㆍ흉기등존속협박) 피고인은 동생인 G과 함께 제1항과 같은 일시ㆍ장소에서 제1항과 같은 이유로 피해자가 112신고를 하자 G에게 ‘G아, 시작하자"라고 하면서 위험한 물건인 과도를 건네받은 후 손으로 과도의 칼날을 튕기며 ’G아, 내가 파출소를 가면 니가 나머지를 처리하고, 니가 들어가면 내가 처리하자, 다 죽여버리자"고 하고, G은 미리 소지하고 있던 과도를 피고인에게 주고, 테이블 위에 있던 소주잔으로 자신의 머리를 내리치는 등으로 피해자를 협박하였다.

As a result, the defendant threatened the victim who is a lineal ascendant of his spouse in cooperation with G.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 3 (1) and Article 2 (1) 2 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) 2 of the Criminal Act, Article 283 (2) and (1) of the Criminal Act (the point of threat to the existence of a deadly weapon), and Article 257 (2) and (1) of the Criminal Act (the point of injury to a lineal ascendant, and the selection

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 53 or 55 (1) 3);

1. Article 62 of the Criminal Act:

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