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(영문) 수원지방법원 성남지원 2016.07.15 2016고단1308

폭력행위등처벌에관한법률위반(우범자)

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On July 8, 2015, the Defendant was issued a decision to take ad hoc measures to prohibit access to B and C from July 16, 2015, when he/she assaulted B and C, who is a former wife of the Defendant, and is his/her father, from July 16, 2015 to September 15, 2015.

Upon the expiration of the period of prohibition of access, the Defendant entered the knife type (32 cm in total length, 17 cm in knife) which is dangerous articles in the vicinity of the restaurant of the E hospital, in which the former unit B located in the G, Sung-nam-si, Ma-si, Ma-si, Mannam-si, Mannam-si, was located, and carried the knife in a plastic paper.

As a result, the defendant carried a deadly weapon or other dangerous articles that are likely to be used for a crime without any justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A police seizure protocol and a list of seizure;

1. Application of Acts and subordinate statutes to photographs of seized articles;

1. Article 7 of the relevant Act and the Punishment of Violences, etc. Act concerning facts constituting an offense, Article 7 of the Punishment of Violences, etc. and Selection of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act was under the unfavorable circumstances of the defendant (the crime during the period of repeated crime, multiple criminal records of the same kind), the sentence of imprisonment with prison labor against the defendant, who is a person subject to suspended execution due to a crime of this case, is deemed to have been excessive, in light of the favorable circumstances of the defendant [not less than seven years], serious reflectivity (not less than one time after the crime of this case), the victim's punishment is not possible, the defendant's age, sexual behavior, and the motive and circumstances of the crime of this case, etc.