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(영문) 대전지방법원 천안지원 2014.03.27 2013고단1814
폭력행위등처벌에관한법률위반(집단ㆍ흉기등존속협박)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that 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

Defendant,

1. At around 21:50 on September 26, 2013, at D restaurant located in Western-gu, Western-si, Seocheon-gu, Seocheon-si, and around 21:50, the victim E, a mother, who was the mother of his wife, was in a dispute with the Defendant’s wife while making telephone conversations with the Defendant, (the age of 55) took a kitchen, which is a deadly weapon, in the main room, and took the attitude that the victim’s kitchen (the total length of 3 cm and the length of day 23 cm) was displayed towards the victim, and took a deadly weapon to threaten the surviving victim by carrying the deadly weapons.

2. At the same time and at the same place, the kitchen blades are displayed in E, and the victim F (the 47 years of age), who is the operator of the above restaurant, was removed from the above restaurant, and the victim's fingers were knifeed with the knife with the knife, and the victim's fingers were knife with the knife, and the victim's fingers were the left side of two fingers in need of unextencing treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement of E;

1. A written statement of the F;

1. Image photographs of the victim at the scene of the case, and image photographs of the victim at the time of receipt of the report;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Articles 3 (1) and 2 (1) 2 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 283 (2) of the Criminal Act; Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act; Article 257 (1) of the Criminal Act concerning the punishment of a deadly weapon;

1. Of concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment provided for in the Punishment of Violence, etc. Act due to Bodily Harm resulting from Carrying or injuring of a deadly weapon as judged heavier

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Although it is not good in that the Defendant, on the grounds of the reason of sentencing under Article 62(1) of the Criminal Act, uses a kitchen, which is a deadly weapon, and threatens or inflicts bodily injury on the victims, the Defendant is making a confession of all of the facts of the crime as the primary offender, and this is contingent while under the influence of alcohol.

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