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(영문) 대구지방법원 2013.06.21 2013고단2430
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)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

Criminal facts

Defendant

A is the father of the victim C(n, 15 years old) and D(13 years old).

1. On January 2013, the Defendant violated the Punishment of Violence, etc. Act (collective intimidation) was under the influence of alcohol to the Defendant’s accommodation plan in Youngcheon-si E, Youngcheon-si, and was under the influence of alcohol to the Defendant’s son C and children D, who are the victim, and threatened with the Defendant’s breath, which is a dangerous object (am: 1m).

2. On March 13, 2013, the Defendant, in violation of the Punishment of Violences, etc. Act (a collective injury by a deadly weapon, etc.), was under the influence of alcohol at a place specified in paragraph (1) and was committing an injury, such as “the open room for the victim,” which requires treatment for about 14 days in consideration of the head of the victim, while gathering an empty baby, which is a dangerous object to his/her father and wife C, who is the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. A report on internal investigation (attaching photographs of victims);

1. Application of Acts and subordinate statutes to an investigation report (as to submission of a victim C injury diagnosis report);

1. Article applicable to criminal facts;

(a) The occupation of and injury to a person carrying a deadly weapon: Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act;

(b) The occupation of intimidation to carry a deadly weapon: Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 283 (1) of the Criminal Act;

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 (see the following reasons for sentencing) for discretionary mitigation;

1. Article 62(1) of the Criminal Act (see the following reasons for sentencing)

1. The reason for sentencing in Article 62-2 of the Probation Criminal Act is that the defendant committed violent crimes against his children at home, and even before the same kind of crime, the responsibility for such crime is very unlimited. However, there are circumstances to consider some of the circumstances in which this case occurred, and there is no person who is not the defendant, but the victims do not want the punishment when the defendant, his father, wishes to live together with the defendant.

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