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(영문) 대구지방법원 2016.09.09 2016고단2412
특수존속폭행
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2016 Highest 2412] Defendant is a victim B (n, 71 years of age).

On May 20, 2016, at around 17:30, the Defendant demanded money from the “D cafeteria” operated by the injured party in Daegu-gu Dong-gu, Daegu-gu, to the victim under the influence of alcohol, but the victim did not pay money. However, the Defendant left the knife and the knife, which is a dangerous thing in the kitchen at the same place, using the knife (21cm in length) and the knife in both hands, and took the knife of the victim’s knife and knife in his hand.

In this respect, the defendant carried dangerous objects and assaulted a lineal victim.

[2] On June 22, 2016, at around 17:20 on June 22, 2016, the Defendant opened a door to the house owned by the victim F in Daegu Dong-gu, Daegu-dong-gu, and on the other hand, on the ground that G does not open a door, the Defendant destroyed the repair cost to the extent of KRW 50,00.

Summary of Evidence

[2016 Highest 2412]

1. Statement by the defendant in court;

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement in the police statement protocol against B; and

1. Entry into a family relation certificate and a report on internal affairs (B telephone communications);

1. The victim's face taken by the police officer of the first place of the scene, one panty photograph, and one knife knife (201, the top 3401);

1. The defendant's statement at the third public trial date in court;

1. Statement of the protocol concerning the interrogation of the accused by the prosecution;

1. Statement concerning G in the police statement protocol;

1. Statement of an investigation report (to hear statements from a victim G phone);

1. Application of video-related Acts and subordinate statutes to the entrance and photographs of victims;

1. Relevant legal provisions of the Criminal Act, Articles 261 and 260 (2) of the Criminal Act (the point of special violence) concerning criminal facts, Article 366 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

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

1. Article 62(1) of the Criminal Act on the stay of execution (The following conditions of sentencing shall be considered as favorable among the reasons for sentencing);

1. The Criminal Act to observe protection and attend lectures;

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