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(영문) 서울남부지방법원 2017.02.10 2015고단4055
폭력행위등처벌에관한법률위반(공동존속상해)등
Text

Defendant

A shall be punished by imprisonment for six months.

However, the above sentence against Defendant A for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendants, as children of the victim D(84) and the victim’s child, demanded divorce and the distribution of property to the victim under the parent-child E in a state where the extinguishment of the victim’s mother-friendly E continues for a long time. Ultimately, around July 31, 2013, the Defendants agreed to divorce between the victim and E, and agreed to receive part of the victim’s real estate under the victim’s name with E along with E. As a result, the divorce between the victim and E has broken down and the distribution of property was not scheduled, the Defendants continued to demand the victim to distribute the property and filed a lawsuit against the victim for the agreed amount claim against the victim on September 1, 2014.

1. On August 30, 2013, Defendant A’s property damage: (a) around 13:32, 2013, Defendant A found CCTV installed by the victim in the above victim’s residence; (b) removed the CCTV through the Doma; and (c) continued to cut the CCTV connecting wire to Defendant’s children around 22:10, thereby causing the Defendant’s children not to operate the CCTV, thereby damaging the property owned by the victim in the market.

2. On August 31, 2013, Defendant A’s surviving Defendant A’s threat: (a) phone called to the victim on August 31, 2013; and (b) the victim died of this chrone, patner;

C. The instant article 8(1) of the Republic of Korea (hereinafter “the Republic of Korea”) made a threat to a lineal ascendant or descendant, including the following: (a) the instant article, i.e., the flab, the flab, the flab, the lab, the lab, the lab, the lab, and the lab, and the preparation.”

Summary of Evidence

1. The defendant A's partial statement in the second public trial record;

1. To state part of the witness F in the third public trial record;

1. Application of Acts and subordinate statutes on the screen and recording of a course of a course of closure;

1. Relevant Article 366 of the Criminal Act (a point of damage to property), Article 283(2) and Article 283(1) of the Criminal Act (a point of threat of continuation of existence), and each choice of imprisonment with prison labor, as to the crime;

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

1. Reasons for the suspended sentence (defendant A) Article 62(1) of the Criminal Act (hereinafter referred to as “contributable circumstances”)

1. The sentencing criteria shall be;

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