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(영문) 수원지방법원 평택지원 2015.07.02 2015고단280
폭력행위등처벌에관한법률위반(집단ㆍ흉기등존속협박)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc., destruction or damage, etc.) at the Suwon District Court on September 25, 2014, and the judgment becomes final and conclusive on October 3, 2014, and is currently under suspension of execution.

【Criminal Facts】

At around 20:45 on October 10, 2014, the Defendant, as the parents of the victim C (n, 58 years of age) and the victim D (n, 34 years of age), demanded the above C and D to KRW 500,000 from the above C’s house located in Pyeongtaek-si E C and 203, but, on the ground that C and D were refused to do so, he collected a pipe, which is a dangerous object located at the above C and D, and laid down a pipe to C, D toward the said C, D, and the market price of the above C, which was a lineal ascendant, e.g., damage the above C and D, which was a lineal ascendant, when taking advantage of the Non-permanent glass, drum, television, crying, mobile phone, and the mobile phone, and damaged the said C’s property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Written statements of D;

1. Photographs and reports on seizure records, the scene of damage and seized articles, etc. (with respect to a decision to take ad hoc measures and the examination of damage);

1. Previous convictions: Criminal records, etc. and the results of inquiry and the application of Acts and subordinate statutes of investigation reports;

1. Articles 3 (1) and 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 283 (2) and (1) of the Criminal Act; Articles 3 (1), 2 (1) 1, and 283 (1) of the Punishment of Violences, etc. Act; Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act; Article 366 of the Criminal Act

1. From among concurrent crimes, circumstances favorable to the reasons for sentencing in the former part of Article 37, Article 38(1)2, Article 50, and the proviso of Article 42 of the Criminal Act: Determination as to whether the sentencing guidelines for the same kind of crime is applied (the case of a crime of intimidation).

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