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(영문) 광주지방법원 순천지원 2013.10.31 2013고단1376
폭력행위등처벌에관한법률위반(집단ㆍ흉기등존속협박)
Text

A defendant shall be punished by imprisonment for one year.

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

At around 11:00 on July 13, 2013, the Defendant found the kitchen knife (the total length of 28cm, 17cm) which is a dangerous weapon at the house of the victim D (the 66 years of age), who is a mother in Shys C, and was refused by the victim after having met the wife E who remains in the above house after the husband’s fighting. The Defendant threatened the said kitchen knife with the victim’s item, and threatened the victim, who is a lineal ascendant of the spouse.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to photographs of criminal implements;

1. Article 3 (1) and Article 2 (1) 2 of the Punishment of Violences, etc. Act concerning the crime, Article 283 (1) of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the first offender and the victim’s failure to punish);

1. Article 62 (1) of the Criminal Act;

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